Amit Kumar Patwa @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61879 of 2021 Arising Out of PS. Case No.-381 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== AMIT KUMAR PATWA @ MANOJ KUMAR Son of Sri Bake Lal Patwa Resident of Mohalla Sonar Toli, Ward No.27, Sasaram, P.S.- Sasaram and District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Griyaghey, Adv For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State in virtual Court proceeding. Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 325, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code. The prosecution case, in short, is that all the accused persons including the petitioners abused the mother of the informant. The mother of the informant urged them not to abuse and then all of them pulled her hair and dashed her to the ground and started beating her with fists and legs. Petitioner

Patna High Court CR. MISC. No.61879 of 2021(2) dt.25-03-2022 2/3 assaulted to the brother of the informant by means of iron rod causing injury on his head. Petitioner snatched golden chain of the wife of the informant.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that the quarrel took place between both the sides for land dispute which admitted. There is land dispute between the parties and both sides are family members and Title Suit No.35 of 2016 is pending between them. He further submits that it appears from the injury report was found simple in nature and the petitioner is in custody since 22.08.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sasaram Police Station Case No.381 of 2021, with 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

Patna High Court CR. MISC. No.61879 of 2021(2) dt.25-03-2022 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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 antecedent, 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) Nitesh/- U T