Shyam Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3145 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -BHIMPUR District- SUPAUL ======================================================

1. Shyam Kumar Sah, son of Ramphal Sah, resident of village- Bhimpur, P.S. Bhimpur, District Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Jha, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 17-05-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Bhimpur P.S. Case No.73 of 2016 instituted for the offence under Section(s) 341, 323, 354-B, 448, 380/34 Indian Penal Code. As per written report, there is general and omnibus allegation against the petitioner of pushing down the informant on the ground and torn her blouse. On hearing halla, son of the informant came. It is alleged against the petitioner that this petitioner assaulted the son of the informant on account of which he became unconscious.

Case diary was called for, which has been received. There is no mention of any injury report in the case diary. In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.3145 of 2017 (4) dt.17-05-2017 2/2 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 Bhimpur P.S. Case No.73 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Supaul, 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 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) JA/- U T