Shatrudhan Kumar @ Shatrughan Kumar @ Shatrughan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51011 of 2018 Arising Out of PS.Case No. -37 Year- 2018 Thana -HATHAURI District- SAMASTIPUR ====================================================== SHATRUDHAN KUMAR @ SHATRUGHAN KUMAR @ SHATRUGHAN MANDAL S/o Makaru Mandal Resident of Village Dahiyar, Shivajee Nagar, P.S. Hathouri, Distt. Samastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Mira Kumari, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks bail in Hathouri P.S. Case No. 37/2018, registered for the offences punishable under Sections 147, 149, 307, 323, 341, 504 and 506 of the Indian Penal Code. Later on, section 302 was added.
Allegation is against all named accused in F.I.R., of assaulting informant, Ramu Mandal (deceased) and Shrawan Kumar by means of lathi. Ramu Mandal who is the uncle of informant died during treatment.
It has been submitted that there is no specific allegation against the petitioner. There is case and counter case and a case Hathouri P.S. Case No. 38/2018 was lodged by the petitioner
against the informant of this case. Moreover, other co-accused have been granted anticipatory bail by a co-ordinate bench of this court vide order dated 18.09.2018 passed in Cr. Misc. 58355/2018. Petitioner has no criminal antecedent. He is in custody since 21.04.2018.
Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Rosera, Samastipur in connection with Hathouri P.S. Case No. 37/2018, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.
(3.) If the 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.
(S. Kumar, J) Vinita/- U T