Rajesh Kumar Singh @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16069 of 2017 Arising Out of PS.Case No. -141 Year- 2016 Thana -AKHODHIGOLA District- SASARAM (ROHTAS) ======================================================

1. RAJESH KUMAR SINGH @ RAJESH KUMAR Son of Sita Ram Singh, Both Resident of Village- Chanda Bihga, P.S.- Akorhi Gola, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhouri Vipin Bihari Shrivastava For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Akorhi Gola P.S. Case No. 141 of 2016 instituted for the offence under Sections-341, 323, 325, 307 of the Indian Penal Code. It has been submitted that there is case and counter case between the parties. From the written report itself, it appears that the occurrence took place on account of property dispute. It is alleged that this petitioner assaulted the informant and his wife with Lathi causing fracture injury in hand. The learned Sessions Judge has also mentioned in the impugned order that in paragraph23 of the C.D. the injury has been found on the head of the informant. The Sessions Judge has not given any description about

Patna High Court Cr.Misc. No.16069 of 2017 (2) dt.08-05-2017 2/2 the injury found on the person of the injured. In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Akorhi Gola P.S. Case No. 141 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Dehri, Rohtas subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners 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) A.K.V./- U T