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Patna High CourtCR. MISC./40515/2018bail granted

Prem Kumar v. The State Of Bihar

2018-07-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40515 of 2018 Arising Out of PS.Case No. -69 Year- 2018 Thana -KARJA District- MUZAFFARPUR ======================================================

1. Prem Kumar S/o Shivji Prasad resident of Village- Panapur Akhtiyarpur, P.S.- Karza, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Karza P.S. Case No. 69 of 2018, registered for offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 427 and 504 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner along with other accused persons has assaulted the officials at the time of installation of toilet in the village by Swatchhata Gramin Scheme, causing injury and also damaged the motorcycle. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and the real fact is that there is no specific allegation of assault against the petitioner and the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.40515 of 2018 (2) dt.12-07-2018 2/2 Learned A.P.P. as well as learned counsel for the informant oppose the prayer for bail stating that the motorcycle of the informant has been damaged and some persons have received injuries.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders before the court below within a period of six weeks from the date of the order, he will be released on provisional bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-2nd (West), Muzaffarpur, in connection with Karza P.S. Case No. 69 of 2018, subject to the conditions as laid down under Section 438

(2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/Priyanka/- U T