Awadesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22001 of 2018 Arising Out of P.S.Case No. -390 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ====================================================== Awadesh Kumar Singh Son of Shri Hareshwar Singh, Resident of Soho Badrri Narayan, Vijay Nagar, P.S. Patrakar Nagar, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Sinha For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 26-04-2018 Heard.

The petitioner apprehends arrest in connection with Patrakar Nagar P.S.Case No.390 of 2017 registered for an offence under Section 379 and other Sections of the IPC. The allegation as per written report is that the informant supplied bricks to the petitioner and his company and when he visited the office of the petitioner, this petitioner and other coaccused brutally assaulted the informant. The learned counsel for the petitioner submits that it was the informant and his men who brutally assaulted the petitioner and snatched money for which the petitioner lodged Patrakar Nagar P.S.Case No.389 of 2017 for the offence under Sections 379, 323 and 506 of the IPC. After lodging of said

Patna High Court Cr.Misc. No.22001 of 2018 (2) dt.26-04-2018 2/2 case, the informant has lodged the present case with false and frivolous allegation of assault and snatching money. The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today 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 Sub Judge-X-cum-ACJM, Patna in connection with Patrakar Nagar P.S.Case No.390 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T