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Patna High CourtCR. MISC./10213/2018bail granted

Rajni Kumar @ Sri Rajni Kumar @ Rajini Kumar v. The State Of Bihar

2018-02-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10213 of 2018 Arising Out of PS. Case No.-239 Year-2017 Thana- KHAJEKALA District- Patna ====================================================== Rajni Kumar @ Sri Rajni Kumar @ Rajini Kumar, Son of Chandu Lal, Resident of Chik Toli, Mangal Talab, Near- Ratan Contractor, Police StationChowk, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shyamal Prakash For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Khajekala P.S. case no. 239 of 2017 instituted for the offence under Section(s) 341, 323, 353, 379/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation in the written report of making assault by the accused persons. It is further submitted that fact of the case is that one phase line was disconnected for last 48 hours and even after giving information to the Electricity Department no action was taken for repairing of line. The informant and others were making demand of huge amount of money to restore the same. Therefore some

Patna High Court Cr.Misc. No.10213 of 2018(2) dt.23-02-2018 2/2 altercation has taken place and this false case has been filed. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Khajekala P.S. case no. 239 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 the learned S.D.J.M.Patna City, 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.