Bishwajit Kumar @ Biso Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10409 of 2018 Arising Out of PS.Case No. -379 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Bishwajit Kumar @ Biso Kumar, S/o Dinesh Rai, R/o Village- Batraha, Ward No. 27, P.S.- Saharsa, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate. For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Saharsa Sadar P.S. Case No. 379 of 2015 instituted for the offence under Sections 147, 148, 149, 341, 323, 504 of the Indian Penal Code and Section 27 of the Arms Act.

In the written report there is allegation that petitioner has fired upon the informant but pillet passed by the side of the ear of the informant.

In this manner from the written report itself it appears that there is no injury sustained by the informant. The learned Sessions Judge has mentioned in the impugned order that compromise has already taken place between the parties.

Patna High Court Cr.Misc. No.10409 of 2018 (2) dt.27-02-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Saharsa Sadar P.S. Case No. 379 of 2015, he shall 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 learned Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions

(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate 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 reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T