Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56400 of 2019 Arising Out of PS. Case No.-119 Year-2019 Thana- KARAKAT District- Rohtas ====================================================== 1.

AMIT KUMAR Son of Dhananjay Singh Resident of Village-Bardihan, Police Station-Karakat, District-Rohtas.

2.

Sumit Kumar Son of Dhananjay Singh Resident of Village-Bardihan, Police Station-Karakat, District-Rohtas.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Karakat P.S. Case No. 119 of 2019, disclosing offences under Sections 341,342,323,324,325,307,504 and 506/34 of the Indian Penal Code.

There is allegation against petitioner No.2 of having attempted to hit the informant with knife, which petitioner No.2 escaped. Allegedly, the petitioners assaulted the informant with bamboo stick leading to fracture in his wrist. It has been submitted by the learned counsel for the petitioners that for the occurrence said to have taken place on the same day, a counter case has been registered by the father of the petitioners being Karakat P.S. Case No. 120 of 2019. He submits that, as a matter of fact, the

Patna High Court CR. MISC. No.56400 of 2019(2) dt.05-09-2019 2/2 informant was the aggressor.

Considering the facts and circumstances, 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) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Bikaramganj, Rohtas in Karkat P.S. Case No. 119 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) arun/- U