Arun Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54038 of 2019 Arising Out of PS. Case No.-251 Year-2018 Thana- KUMAR KHAND District- Madhepura ====================================================== Arun Sardar Son of Late Baleshwar Sardar Resident of Village - Bishanpur Bazar, P.S. - Kumarkhand, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Durgesh Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner seeks bail in Kumarkhand P.S. Case No. 251 of 2018, registered for the offences punishable under Sections 341, 323, 379, 385, 504 and 34 of the Indian Penal Code.

It is alleged that petitioner and six co-accused named in the F.I.R were demanding Rangdari of RS. 1,00,000/- from the informant. It is further alleged that petitioner Arun Sardar assaulted the informant on his head with a sharp cutting weapon. Other co-accused took cash from the pocket of informant.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this

Patna High Court CR. MISC. No.54038 of 2019(4) dt.25-10-2019 2/3 case due to village politics. There is land dispute between the parties. Charge-sheet has already been submitted. From injury report, it appears that five injuries caused on the person of informant, one sharp cut injury and four injuries caused by hard and blunt substance, but all the injuries have been found simple in nature. Petitioner is in custody since 09.06.2019 having clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged 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 Sub Divisional Judicial Magistrate, Madhepura in connection with Kumarkhand P.S. Case No. 251 of 2018, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.54038 of 2019(4) dt.25-10-2019 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T