Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50542 of 2019 Arising Out of PS. Case No.-21 Year-2019 Thana- SAMASTIPUR District- Samastipur ====================================================== MANISH KUMAR Son of Manoj Ram Resident of Village - P.N.T. Colony Nagar, P.S.- Town, Dist.- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Samastipur Town P.S. Case No. 21 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code.

It appears from the First Information Report that a dispute had arisen, allegedly, because co-accused Ashok Paswan had refused to pay to the informant the due amount against a grill which was prepared by the informant. The dispute had resulted into a quarrel. Allegedly, the petitioner, with intention to kill the informant's son, had assaulted him with iron rod in his head.

Learned counsel appearing on behalf of the petitioner has submitted that there is no material which indicates that the

Patna High Court CR. MISC. No.50542 of 2019(2) dt.14-08-2019 2/2 informant's son sustained any grievous injury. He has submitted that the FIR contends exaggerated version of the true occurrence.

Considering the nature of allegation against the petitioner and the fact that he does not have any criminal antecedent, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in Samastipur Town P.S. Case No. 21 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T