Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62151 of 2018 Arising Out of PS.Case No. -422 Year- 2018 Thana -FATUA District- PATNA ====================================================== Suraj Kumar, S/o Dinanath Yadav, Resident of Village- Ruiya Mahadeo, Sora Kothi, P.S. Fatuha, District- Patna.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pramod Kumar Singh and Mr. Pawan Kumar Singh, Advocates.

For the Opposite Party : Mr. Uday Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 325, 307, 504, 385 and 506/34 of the IPC.

The prosecution story, in brief, is that on 17.07.2018 at 9.30 A.M. while the informant was brushing his teeth, in the meantime, F.I.R. named accused persons came and started abusing and assaulting him. Co-accused Vishnu Kumar assaulted the informant with Iron rod causing heading injury to him. Thereafter, accused persons threatened him if he will not give Rangdari they will kill him. The accused persons earlier also threatened him. He was admitted in hospital.

Patna High Court Cr.Misc. No.62151 of 2018 (2) dt.11-10-2018 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is said to be a member of unlawful assembly. No specific overt act has been alleged against the petitioner. The specific allegation has been made against coaccused Vishnu Kumar. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. -1st, Patna City, Patna, in connection with Fatuha P.S. Case No. 422 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T