Raja Kumar @ Raviranjan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68734 of 2024 Arising Out of PS. Case No.-123 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Raja Kumar @ Raviranjan Kumar Singh Son of Shri Narayan Singh Resident of Village - Dariyapur, P.S. - Sangrampur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-01-2025 Heard Mr. Dharmendra Kumar Singh, learned counsel for the petitioner and Mr. Gauri Shankar Gupta, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Sangrampur P.S. Case No. 123 of 2024, F.I.R. dated 10.05.2024 registered for the offences punishable under Sections 341, 323, 354, 447, 448, 379, 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he has assaulted the son of the informant due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely

Patna High Court CR. MISC. No.68734 of 2024(3) dt.22-01-2025 2/3 implicated in the present case. He further submits that it appears from the F.I.R. that the date of occurrence as alleged in the F.I.R. is 07.05.2024 but the present F.I.R. was instituted on 10.05.2024 after delay of three days without giving any explanation of delay. He further submits that as per allegation in the F.I.R. the petitioner assaulted the son of the informant namely Manish Kumar Singh but the injury report of Manish Kumar Singh suggests that the injury is simple in nature caused by hard and blunt substance.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and the injury inflicted upon the son of the informant is simple in nature, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Sangrampur P.S. Case No. 123 of 2024, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.68734 of 2024(3) dt.22-01-2025 3/3 the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T