Shiv Kumar @ City v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51048 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Shiv Kumar @ City, Male, aged about 28 years old, Son of Late Shankar Prasad Singh, Resident of Village- Bahadurpur, P.S.- Zero Mile, DistrictBhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Kamal Kishore Sinha, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code registered in connection with Industrial Area P.S. Case No. 73 of 2019.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute relating to the common passage and both the parties are Gotias. The petitioner is alleged to have assaulted the informant with iron rod on his head but in any case the injury sustained by him is simple in nature. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Industrial Area P.S. Case No. 73 of 2019, subject to the conditions as laid down

Patna High Court CR. MISC. No.51048 of 2019(2) dt.19-08-2019 2/2 under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T