Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40111 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- PAKARIBARAW District- Nawada ====================================================== Ajay Kumar son of late Rajendra Yadav R/o vill. Shyamdeo, P. S. Dhamoul, Dist. Nawada.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad For the Opposite Party/s :
Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Pakribrawan ( Dhamoul) P. S. case no. 32 of 2018 instituted for the offence under Section(s) 341, 323, 307, 354, 379, 504/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that petitioner and informant are full brothers. They are living in the same house. The altercation had taken place on account of flow of water. It has further been submitted that the petitioner assaulted the informant and wife causing injury to them. The injury report of the informant has been enclosed as Annexure- 3 to the bail petition and the same is also available in the case diary from which it appears that simple injury has been sustained by the informant. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of
Patna High Court Cr.Misc. No.40111 of 2018(3) dt.27-07-2018 2/2 surrender/arrest of the petitioner, named above, within six weeks from today in connection with Pakribrawan P. S. case no. 32 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 the CJM Nawada, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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) shyambihari/- U T