Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18138 of 2018 Arising Out of PS. Case No.-263 Year-2016 Thana- SHASTRINAGAR District- Patna ====================================================== Sagar Kumar S/o Sri Sunil Choudhary@ Sunil Kumar Resident of C.I.D. Colony, P.S. Shastri Nagar, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Sharan Singh For the Opposite Party/s :

Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Shastri Nagar P.S. case no. 263 of 2016 instituted for the offence under Section(s) 147,149, 341, 323 and 379 of the Indian Penal Code. In the written report, it is alleged that son of the informant has gone to market to purchase articles and near post office about 10-12 boys came on motorcycles and assaulted the son of the informant. It is further alleged that some of the boys have been identified by the son of the informant. Petitioner's name is also among one of those person.

Case diary has been received. The statement of the victim boy is available at para 10 of the case diary wherein he has also claimed to have identified the petitioner and other accused

Patna High Court Cr.Misc. No.18138 of 2018(5) dt.17-07-2018 2/3 persons. It is further submitted that injury report of the injured is available at paragraph no. 45 of the case diary wherein the doctor has found three injuries on the person of the injured. The doctor has opined the injury nos. 1 and 2 to be simple in nature whereas he has mentioned that injury no.3 is pain over occipital region but not visible and the patient was advised for CT scan. It is further submitted that petitioner has clean antecedents. Petitioner is a student of B. Sc. in A.N. College. 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 Shastri Nagar P.S. case no.

263 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M.Ist Class, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C.

Patna High Court Cr.Misc. No.18138 of 2018(5) dt.17-07-2018 3/3 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) shyambihari/- U T