Rupesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47465 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -KHAIRA District- SARAN ====================================================== Rupesh Kumar Mahto, son of Dashrath Mahto, resident of Village- Khaira, Police Station- Khaira, District- Saran at Chapra. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Narendra Kumar, Advocate. For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khaira P.S. Case No. 33 of 2017 instituted for the offence under Sections 341, 323, 324, 147, 148, 149, 307, 504 and 379 of the Indian Penal Code.

The allegation against the petitioner in the written report is of causing injury to the informant on his head with knife. The injury report has been enclosed as Annexure-3 wherein the Doctor has found two simple injuries on the person of the injured caused by hard and blunt substance. One of the injuries is pain and swelling and another injury is lacerated wound over scalp measuring 2" x 1⁄2". From the injury report it appears that there is no repetition of blow.

Patna High Court Cr.Misc. No.47465 of 2017 (3) dt.16-10-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Khaira P.S. Case No. 33 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.