Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40305 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ====================================================== Rajiv Kumar, Son of Bhuneshwar Rai, R/o Village- Milki Chakwaje, P.S.- Tisiouta, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate. For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Tisiouta P.S. Case No. 21 of 2017 instituted for the offence under Sections 341, 323, 307, 447, 504, 354 and 379/34 of the Indian Penal Code. There is allegation against this petitioner that he assaulted the informant with iron rod on the head causing cut injury. It is mentioned in the written report that occurrence took place on account of land dispute and a proceeding under Section 144 Cr. P.C. is also pending between the parties. From the order of learned Sessions Judge, it appears that there was no injury with regard to the informant available in the case diary.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.40305 of 2017 (2) dt.21-09-2017 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Tisiouta P.S. Case No. 21 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-9th, Hajipur at Vaishali, 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) S.