Indrish Kumar @ Indresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45569 of 2018 Arising Out of PS.Case No. -104 Year- 2017 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== INDRISH KUMAR @ INDRESH KUMAR, son of Ramdeo Singh, resident of village - Santullahpur, P.S. Gangabridge, District Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Soban Asghar, Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 31-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Gangabridge P.S. Case No.104 of 2017 instituted for the offence under Section(s) 307/34 Indian Penal Code and Section 27 of the Arms Act.

There is allegation in the written report that petitioner caused fire arm injury in the leg of the informant. Case diary has been received, wherein, injury report of the informant is available in which doctor has found no bony injury and metallic substance. Injury was opined to be simple in nature.

Counsel for the petitioner submits that case in the

Patna High Court Cr.Misc. No.45569 of 2018 (4) dt.31-08-2018 2/2 Court below has been compromised between the parties. 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 Gangabridge P.S. Case No.104 of 2017, 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 Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/- U T