Kamal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67761 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- SHEOHAR District- Sheohar ====================================================== KAMAL RAY, Son of Late Lacchan Rai, Resident of Village - Ukni, P.S. and District - Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anisur Rahman, Advocate Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323 and 307/34 of the Indian Penal Code.

The old land dispute which resulted in filing of case and counter case in the past also. Allegation against the petitioner is of commission of injury with farsa at the head of the informant. The Doctor has found simple injury caused by hard and blunt substance.

Submission is that medical report is not consistent with the prosecution allegation of commission of assault with farsa. There is no allegation of repetition of blow. There is no material to substantiate that the petitioner is going to tamper

Patna High Court CR. MISC. No.67761 of 2019(3) dt.17-01-2020 2/2 with the evidence or abscond the process of law. Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the background and nature of allegation, let the petitioner, above named, who is aged about 65 years, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Sheohar Police Station Case No. 94 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner and also the petitioner shall not leave the country without permission of the trial court.

(Birendra Kumar, J) Kundan/- U T