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Patna High CourtCR. MISC./2295/2023bail granted

Nanhey Khan @ Nanhe Khan v. The State Of Bihar

2023-07-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2295 of 2023 Arising Out of PS. Case No.-90 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== NANHEY KHAN @ NANHE KHAN S/O LATE KHAIRUL KHAN R/VSHURVEER, P.S.- MAHARAJGANJ, DISTRICT- SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Arun Kumar Pandey Mr.Ramadhar Shekhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 324, 379, 307, 504, 506/34 of the Indian Penal Code.

As per F.I.R., the petitioner assaulted the informant with knife on his left shoulder and scapula (Pakhur). Doctor has found simple injury.

Learned counsel for the State and informant vehemently oppose the prayer for anticipatory bail. Considering the nature of injury, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.2295 of 2023(5) dt.11-07-2023 2/2 amount each to the satisfaction of learned A.C.J.M. - V, Siwan in connection with Maharajganj P.S. Case No. 90 of 2022, subject to condition as contemplated under Section 438(2) of the Code of Criminal Procedure with further conditions: "(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) anay/- U T