Bhavesh Kumar @ Bhabesh Kumar @ Dholan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39906 of 2018 Arising Out of PS.Case No. -91 Year- 2016 Thana -PURAINI District- MADHEPURA ======================================================

1. Bhavesh Kumar @ Bhabesh Kumar @ Dholan Son of Subodh Yadav resident of Village - Dumrail, P.S. Puraini District Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Sanjay Kumar For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2018 The petitioner is apprehending his arrest in connection with Puraini P.S. Case No. 91 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 504, 506, 379 and 307 of the Indian Penal Code.

Allegation against the petitioner that he assaulted the mother of informant by means of garasa causing injury on her nose and there is also allegation of assault against other accused of this case.

It has been submitted on behalf of the petitioner that there is case and counter case between the parties in the background of land dispute and although there is allegation against this petitioner of assaulting the mother of informant on her nose but there is no injury report available on record and other co-accused of this case

Patna High Court Cr.Misc. No.39906 of 2018 (2) dt.11-07-2018 2/3 has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 19.08.2017 passed in Cr. Misc. No. 24707 of 2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate -1st Class, Uda Kishunganj, Madhepura, in connection with Puraini P.S. Case No. 91 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before

Patna High Court Cr.Misc. No.39906 of 2018 (2) dt.11-07-2018 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T