Anant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84402 of 2023 Arising Out of PS. Case No.-1045 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Anant Kumar, Son of Arun Kumar, Resident Of Village - Mahsaura, P.S. - Lakhisarai (Ramgarh Chowk), District - Lakhisarai (Bihar) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Muneshwar Prasad, Advocate For the Opposite Party/s :
Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 1045/2022, lodged on 31.12.2022 under Section 341, 323, 448, 307,379,354B, 506, 294, 504/34 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against 5 named accused persons including the present petitioner alleging therein that they entered into the house of the informant and assaulted the informant and his family members due to which, the informant and his family members got injured.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The informant and the petitioner belongs to the same common
Patna High Court CR. MISC. No.84402 of 2023(2) dt.10-01-2024 2/3 ancestor, namely, Jaikishore Prasad Sharma but due to petty family dispute, this scuffle took place in the family which resulted into the injury but the present FIR has been filed with exaggerate version. The petitioner is in custody since 14.08.2023 having no criminal antecedent.
4. Learned counsel for the State opposes the prayer for bail.
5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Lakhisarai in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No.1045/2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
Patna High Court CR. MISC. No.84402 of 2023(2) dt.10-01-2024 3/3 bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U T