Gautam Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.38549 of 2017 (2) dt.22-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38549 of 2017 Arising Out of PS.Case No. -118 Year- 2017 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Gautam Kumar Son of Rudal Paswan, Resident of Village-Doiya, P.S.- Noorsarai, District-Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Sinha For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Noorsarai P.S. Case No. 118 of 2017 instituted for the offence under Sections-341, 323, 504, 308/34 of the Indian Penal Code.

As per written report, an altercation took place for putting cycle by the informant in the middle of Gali. It is alleged against the petitioner that he with other accused assaulted the informant with Lathi, Danda etc.

It has been submitted that Mar-pit had taken place with Lathi, Danda causing injury to the members of prosecution party. The injury reports of two of the injured namely Anil Ravidas and Bengali Das have been annexed as Annexures- 3& 4 of the petition wherein the doctor has found the injuries on the persons of the injured to be simple in nature, caused by hard and blunt substance.

Patna High Court Cr.Misc. No.38549 of 2017 (2) dt.22-08-2017 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six 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 in Noorsarai P.S. Case No. 118 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif 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 petitioner 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