Deepak Kumar @ Deepak Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62900 of 2018 Arising Out of PS. Case No.-265 Year-2018 Thana- AMARPUR District- Banka ====================================================== Deepak Kumar @ Deepak Sharma, Son of Sri Janardhan Sharma, Resident of Village- Makdumma, Police Station- Amarpur, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Amarpur P.S. Case No. 265 of 2018 registered for the offences punishable under Sections 147, 148, 341, 323, 307, 504 and 506 of the Indian Penal Code.

Informant has alleged that when he was going to Civil Court, Banka, petitioner along with other co-accused persons stopped him and started abusing him and on protest assaulted him by lathi, Danda and rod as a result of which he sustained fracture, injuries on his head and body. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics and previous enmity. There is no allegation against petitioner. Injuries are simple in nature. He is in custody since

Patna High Court Cr.Misc. No.62900 of 2018(2) dt.12-10-2018 2/2 31.07.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 265 of 2018. subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

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

(S. Kumar, J) Rajiv/ManojU T