Nripen Kumar @ Nripen Kumar Bansal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69367 of 2019 Arising Out of PS. Case No.-208 Year-2019 Thana- RAJPUR District- Buxar ====================================================== NRIPEN KUMAR @ NRIPEN KUMAR BANSAL Son of Sri Jagdish Lal Resident of Village and P.S.- Rajpur, District- Buxar (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate.
For the Opposite Party/s:
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code registered in connection with Rajpur P.S. Case No. 208 of 2019.
3. It is submitted that the petitioner has been falsely implicated on the accusation having assaulted the informant's father Brijnandan Prasad on the head with iron rod. It is submitted that there is case and counter case between the parties in which the petitioner has also received injury which has been attributed who has been granted anticipatory bail. The petitioner is accused in one prior case in which he has been granted anticipatory bail.
Patna High Court CR. MISC. No.69367 of 2019(3) dt.05-03-2020 2/3
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on provisiional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Buxar in connection with Rajpur P.S. Case No. 208 of 2019 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
5. The provisional bail granted to the petitioner shall
Patna High Court CR. MISC. No.69367 of 2019(3) dt.05-03-2020 3/3 be confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bonds, that no grievous injury has been caused to the informant's father; conversely his bail bond shall stand automatically cancelled. (Vikash Jain, J) Ibrar//- U T