Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86337 of 2023 Arising Out of PS. Case No.-710 Year-2023 Thana- DANAPUR District- Patna ====================================================== Sunil Kumar, Son Of Late Vishwanath Ray, Resident Of Village- Saguna, P.S.- Danapur, District- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP For the Informant :
Mr. Shahbaj Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-01-2024 Learned counsel for the informant has entered appearance. He has filed hard copy of the Vakalatnama today. It is submitted that he has already filed Vakalatnama online.
2. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
3. The petitioner in the present case is seeking prearrest bail in connection with Danapur P.S. Case No. 710 of 2023 registered for the offences punishable under Sections 341, 323, 324, 307, 504 & 506 of the Indian Penal Code. He has got no criminal antecedent.
4. As per the prosecution story, the petitioner called the informant to show a land for sale and they went together on the motorcycle. Thereafter, on the way, the petitioner started abusing him and assaulted him on his face with broken glass
Patna High Court CR. MISC. No.86337 of 2023(2) dt.24-01-2024 2/3 due to which he got injury near his eye. It is also alleged that the petitioner poked his bike's key in the thumb of the informant.
5. Learned counsel for the petitioner submits that the petitioner and the informant both were friends and the alleged occurrence seems to have taken place in course of a minor scuffle but now the parties have restored good relationship and they are living peacefully.
6. Learned counsel for the informant does not oppose the prayer for pre-arrest bail of the petitioner and accepts that the informant has entered into a compromise with the petitioner.
7. Taking note of the kind of allegations and the fact that both the parties were friends and at this stage, the informant is not opposing the prayer for pre-arrest bail of the petitioner, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Danapur P.S. Case No. 710 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, 1, Danapur, Patna subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
8. And further condition that the court below shall
Patna High Court CR. MISC. No.86337 of 2023(2) dt.24-01-2024 3/3 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
9. This application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T