Aditya Kumar @ Bhim Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28182 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- GOH District- Aurangabad ====================================================== ADITYA KUMAR @ BHIM KUMAR, Son of Ram Pravesh Sharma, Resident of Village- Motha, P.S. Goh, District Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Leelawati Kumari, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP 234 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the learned counsel for the petitioner The petitioner is apprehending his arrest in connection with Goh P.S. Case No. 30 of 2018 registered for offences punishable under Sections 147, 149, 341, 323, 307 and 379 of the Indian Penal Code.

Allegation against the petitioner is of assault by rod to the informant causing injury.

Learned counsel for the petitioner submits that this is a counter case to the first information report, which has been lodged by the petitioner in which the petitioner has received injury and he was taken to hospital by the administration and in the present case there is nothing mentioned in the first

Patna High Court Cr.Misc. No.28182 of 2018(2) dt.16-05-2018 2/3 information report that the informant had received injury. Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, named above, in the event of arrest or surrender before the Court below, within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Goh P.S. Case No. 30 of 2018 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as 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 evidence.

(III) The petitioner shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free

Patna High Court Cr.Misc. No.28182 of 2018(2) dt.16-05-2018 3/3 to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Shamshad/- U T