Patna High CourtCR. MISC./14785/2016bail granted

Rajesh Kumar v. The State Of Bihar

2016-05-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14785 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -JHAJHA District- JAMUI =====================================

1. Rajesh Kumar, Son of Suresh Ram, resident of village - Nawkadih Chhuchhnariya, P.S.-Jhajha, District-Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Bharat Lal, Adv. For the Opposite Party/s : Mr. Ranjit Ranjan (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Jhajha P.S. Case No.9 of 2016 (G.R. No.75/2016), disclosing offences under Sections 341, 323, 307 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner appears to be right in his submission that no offence, under Section 307 of the Indian Penal Code, is made out inasmuch as the allegation against the petitioner is of hitting the informant

Patna High Court Cr.Misc. No.14785 of 2016 (2) dt.03-05-2016 2/2 with a brick and there is no allegation of re-petition of the assault. He has further submitted that apparently, land dispute is the reason behind the occurrence. The petitioner has no criminal antecedent, as stated in paragraph 3 of the application.

Considering the submission, as above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned learned Sub-Divisional Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No.9 of 2016 (G.R. No.75 of 2016), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

Praveen-II/- (Chakradhari Sharan Singh, J.) U T