Niranjan Rai @ Alakh Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46566 of 2018 Arising Out of PS.Case No. -173 Year- 2016 Thana -DIGHWARA District- SARAN ======================================================

1. Niranjan Rai @ Alakh Niranjan Kumar S/o Rajendra Rai, R/o Vill.- Bastijalal, Janpar, P.S.- Dighwara, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Dighwara P.S. Case No. 173/2016, instituted for the offences punishable under Sections 147, 341, 323, 324, 307 and 504 of the Indian Penal Code.

In the written report, it is alleged against the petitioner that he caused injury on the head of the informant with Farsa.

Learned counsel for the petitioner has submitted that the occurrence has taken place due to dispute with regard to fishing in the pond. The injury report of the informant has been annexed as Annexure-4 which shows that the informant has

Patna High Court Cr.Misc. No.46566 of 2018 (2) dt.24-08-2018 2/2 sustained simple injury.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Dighwara P.S. Case No. 173/2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Chapra, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper 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. (Sanjay Priya, J.)