Sharwan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58050 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Sharwan Kumar S/O Karelal Mahto R/O Village- Basoni, Ps. Piri Bazar, Dist. Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-10-2023 Heard Mr. Parmanand Pd. Nr. Sahi, learned counsel for the petitioner and Mr. Parmanand Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Piri Bazar P.S. Case No. 54 of 2023, F.I.R. dated 01.05.2023 for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
3. According to prosecution case, all the accused persons including the petitioner assaulted the informant due to which she sustained injury and blood started oozing out.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that due to petty dispute the present occurrence has taken place. He further
Patna High Court CR. MISC. No.58050 of 2023(3) dt.16-10-2023 2/3 submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that as per the allegation, the petitioner has assaulted the informant and she has received head injury. Initially, the informant was examined in the Government Hospital in which the nature of injury is simple in nature and thereafter, the informant has obtained the injury report from a private hospital which suggest that the nature of injury is grievous in nature.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, II, Lakhisarai in connection with Piri Bazar P.S. Case No. 54 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.58050 of 2023(3) dt.16-10-2023 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T