Surendra Khatik @ Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49738 of 2023 Arising Out of PS. Case No.-201 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Surendra Khatik @ Surendra Prasad Son Of Ram Bachan Khatik Resident Of Village - Motipur Nijamat, P.O. - Hamichaur, P.S. - Bhore, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 29.05.2023, in connection with Bhore P.S. Case No. 201 of 2023, F.I.R. dated 08.05.2023 registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code .

3. Allegation against the petitioner is that he assaulted to the informant with tangi over his chest with an intention to kill him.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and due

Patna High Court CR. MISC. No.49738 of 2023(2) dt.16-08-2023 2/3 to admitted land dispute the present occurrence had taken place. He further submits that there is specific allegation against the petitioner that he assaulted the informant with tangi over his chest with an intention to kill him but the injury report of the informant namely Rajendra Khatik suggests that he has sustained three injuries, out of three injuries, only one injury caused by sharp weapon whereas injury nos. 2 and 3 are lacerated wound and all the injuries are simple in nature. The petitioner is in custody since 29.05.2023.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, 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 Chief Judicial Magistrate, Gopalganj in connection with Bhore P.S. No. 201 of 2023, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.49738 of 2023(2) dt.16-08-2023 3/3 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T