Harendra Kunvar @ Harendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43541 of 2018 Arising Out of PS.Case No. -204 Year- 2018 Thana -BUXAR District- BUXAR ======================================================

1. HARENDRA KUNVAR @ HARENDRA KUMAR, Son of Late Sachidanand Kunvar, Resident of Mohalla- Budhanpurwa, Police StationBuxar (I), District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nil Kamal For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Buxar (town) P.S.Case no.204 of 2018, registered for offences punishable under Sections 147, 148, 149, 323, 504, 379, 380, 307, 386, 447, 448 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner as per FIR is that he along with the other accused persons came on a tractor along with JCB Machine and tried to demolish the house of the informant. Submission of the learned counsel for the petitioner is that two cases have been lodged for the same occurrence- one is the present case and another case has been lodged by the police. No specific allegation has been attributed against the petitioner, who

Patna High Court Cr.Misc. No.43541 of 2018 (3) dt.07-08-2018 2/2 is handicapped.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar in connection with Buxar (Town) P.S.Case No.204 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T