Prinse Kumar @ Prins Kumar @ Prinse Kumar Singh @ Prashant Kashyap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19054 of 2018 Arising Out of PS.Case No. -231 Year- 2017 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Prinse Kumar @ Prins Kumar @ Prinse Kumar Singh @ Prashant Kashyap, s/o late Raj Kumar Singh, R/o Village- Jagai, P.S.- Ekangarsarai, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lovekush Kumar, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Ekangarsarai P.S. Case No.231 of 2017 instituted for the offence under Section(s) 341, 323, 308, 504 Indian Penal Code. Counsel for the petitioner has submitted that there was dispute for dues between the informant and the petitioner. In the written report, it is alleged that petitioner, who is owner of the truck, had some altercation with the informant, who was driver, for his dues amount. When son of the informant came to save him, then he was assaulted with iron rod on the head.

The Additional Sessions Judge has mentioned in the impugned order about the injury of injured, Bittu Kumar, which

Patna High Court Cr.Misc. No.19054 of 2018 (2) dt.04-04-2018 2/2 was found to be simple in nature caused by hard and blunt substance.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Ekangarsarai P.S. Case No.231 of 2017, 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 the SubDivisional Judicial Magistrate, Hilsa, Nalanda, 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) JA/- U T