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Patna High CourtCR. MISC./51348/2018bail granted

Binkatesh Sharma v. The State Of Bihar

2018-09-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51348 of 2018 Arising Out of PS.Case No. -44 Year- 2018 Thana -ANTI District- GAYA ======================================================

1. Binkatesh Sharma S/o Late Brijnandan Sharma, R/o Vill.- Gauri Bigha, P.S.- Anti , District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2018 The petitioner is apprehending his arrest in connection with Anti P.S. Case No. 44/18, registered for offences punishable under Sections 341, 323, 337, 338, 354, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is of pelting stones on the informant and abusing the informant.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and no such occurrence has ever taken place and the allegation that he abused by using filthy language, is concerned the same is ornamental and further there is case and counter case between the parties. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and only general and

Patna High Court Cr.Misc. No.51348 of 2018 (2) dt.14-09-2018 2/2 omnibus allegation has been levelled against him, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Gaya in connection with Anti P.S. Case No. 44/18, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T