Gulzar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33550 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -CHAKAMHESI District- SAMASTIPUR ====================================================== Gulzar Kumar, S/o Shiv Narayan Bhullu Kapar, R/o Vill.- Mali Nagar, Bargama, P.S.- Chakmehsi, Distt.- Munger.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate. For the Opposite Party/s : Mr. Shyameshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Chakmeshsi P.S. Case No. 04 of 2018 instituted for the offence under Sections 147, 148, 307, 323, 341, 342, 379, 504 and 506 of the Indian Penal Code.
It is alleged in the written report that petitioner along with four other accused persons assaulted the wife of the informant with iron rod on her head causing injury to her. Case diary has been received.
The injury report of wife of the informant is available in paragraph-42 of the case diary wherein the Doctor has found only one injury on her head caused by hard and blunt substance. The opinion was kept reserved.
Patna High Court Cr.Misc. No.33550 of 2018 (3) dt.02-08-2018 2/2 Learned A.P.P. has submitted that the informant in his statement has levelled general and omnibus allegation against the petitioner.
Considering the facts and circumstances of the case, 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 Chakmeshsi P.S. Case No. 04 of 2018, 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 learned Additional Chief Judicial Magistrate-1st, Samastipur, subject to the conditions as laid down under Section 438 (2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers 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) S.Ali/- U T