Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29764 of 2017 Arising Out of PS.Case No. -69 Year- 2016 Thana -MARANCHI District- PATNA ======================================================

1. Rajan Kumar, S/o Sarwin Singh, resident of village- Rampur Dumara, P.S.- Maranchi, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s : Smt. Veena Rani Prasadd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 07-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Maranchi P.S. Case No.69 of 2016 instituted for the offence under Section(s) 147, 341, 323, 379, 448, 307 Indian Penal Code. It has been submitted on behalf of the petitioner that both parties are Pattidar and the injury sustained by the injured are simple in nature.

From the written report, it appears that there is allegation against this petitioner of assaulting the informant and other family members with Lathi, Pistol and Khanti. It is mentioned in the written report itself that the petitioner is the Gotiya of the informant. The Sessions Judge has mentioned in the impugned order that all the injuries found on the person of the

Patna High Court Cr.Misc. No.29764 of 2017 (2) dt.07-07-2017 2/2 injured are simple in nature.

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 Maranchi P.S. Case No.69 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Judge IV-cum-ACJM, Barh, Patna, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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