Shubh Kumar @ Shubhraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72981 of 2019 Arising Out of PS. Case No.-235 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Shubh Kumar @ Shubhraj, aged about 19 years, Male, Son of Vinod Prasad Gupta @ Vinod Prasad, Resident of Village-Jarma Khap (Dr. Dharnidhar Road), P.S-Aurangabad (Town), District-Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bachan Jee Ojha, Advocate For the State :
Mr.Humayou Ahmad Khan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner, the informant and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Aurangabad (Town) P.S. Case No. 235 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 of the Indian Penal Code.
Learned counsel for the petitioner submits that the present case is false and fabricated and petitioner has falsely been implicated in this case. Learned counsel for the petitioner further submits that there is case and counter case between the parties. He further submits that earlier a case bearing Aurangabad (Town) P.S. Case No.234 of 2019 has been filed by the father of the petitioner against the informant. He further submits that the injury caused to the informant is simple in nature. The petitioner has got no any criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail by this Co-
Patna High Court CR. MISC. No.72981 of 2019(3) dt.05-03-2020 2/2 ordinate Bench of this Court vide order dated 17.02.2020 passed in Cr. Misc. No.97 of 2020.
In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Town) P.S. Case No. 235 of 2019, on the following conditions :
(I) 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 his absence on two consecutive dates without sufficient reason, his bail bond 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.
(Anjani Kumar Sharan, J) Nasimul/- U T