Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54810 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- HULASGANJ District- Jehanabad ====================================================== 1.

Ajay Kumar Son of Suresh Singh Resident of Village - Kataulimath, P.S.- Hulasganj, Dist.- Jahanabad.

2.

Suresh Singh Son of Daroga Ram Resident of Village - Kataulimath, P.S.- Hulasganj, Dist.- Jahanabad.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Anjani Parashar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Hulasganj P.S. Case No. 62 of 2019 for the offence punishable under Sections 147, 149, 323, 341, 307, 504, 506, 379 and 354 of the Indian Penal Code.

It is alleged in the First Information Report that the named accused persons had assaulted the informant with iron rod and lathi. There is allegation against petitioner No.1 of having opened fire, but the shot did not hit the informant nor anyone else. It has been argued that there is no specific allegation of assault against petitioner No.2. Learned counsel appearing on behalf of the petitioners has also submitted that there is a counter case,

Patna High Court CR. MISC. No.54810 of 2019(2) dt.02-09-2019 2/2 registered on the same day, being Jehanabad Mahila P.S. Case No. 22 of 2019 by co-accused Sunita Kumari. The parties are on litigating terms.

Learned counsel appearing on behalf of the informant has opposed the prayer for anticipatory bail. However, considering the facts and circumstances and the nature of accusation, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jehanabad, in Hulasganj P.S. Case No. 62 of 2019, 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 petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T