Satyam Kumar @ Satyam Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69543 of 2018 Arising Out of PS. Case No.-107 Year-2018 Thana- KAMTAUL District- Darbhanga ====================================================== Satyam Kumar @ Satyam Kumar Thakur, S/o Neeraj Thakur, Residence of Vill/Mohalla- Ratan Pur, P.S. Kamtaul, Dist.- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kedar Jha For the Opposite Party/s :
Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Kamtaul P.S. Case No. 107 of 2018 disclosing offences under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that as per the case of the prosecution, the petitioner assaulted the informant with the butt of the pistol. He contends that no intention to kill is made out on the basis of what has been alleged in the FIR and had it been the intention to kill the informant, the assault would not have been by the butt of the pistol.
Be that as it may, in the facts and circumstances of the
Patna High Court Cr.Misc. No.69543 of 2018(2) dt.17-12-2018 2/2 case, the prayer for grant of anticipatory bail is allowed. Let the petitioner, above named, 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 the learned Sub Divisional Judicial Magistrate, Darbhanga in Kamtaul P.S. Case No. 107 of 2018, subject to the conditions 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 bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) HR/Ragini U T