← Library
Patna High CourtCR. MISC./86353/2019bail granted

Bikaram Kumar @ Bikam Kumar v. The State Of Bihar

2020-01-18Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86353 of 2019 Arising Out of PS. Case No.-249 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== BIKARAM KUMAR @ BIKAM KUMAR Son of Dinesh Paswan Resident of Village - Dhrmraychok, P.S.- Lakhisarai, District - Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Sections 341, 323, 354(B), 307, 504 and 506/34 of the Indian Penal Code.

Informant has alleged in his written complaint that his wife was sitting near the door when accused Dinesh Paswan, Bikram Kumar (petitioner) and Murari Kumar came in intoxicated condition and there is allegation against Dinesh Paswan of dragging her on the road and outraging her modesty and on alarm being raised, he and his son rushed to the place, upon which Dinesh Paswan and his son assaulted him and his wife on their head and allegation against Bikram Kumar (petitioner) is of assaulting Akash Kumar on his head.

Patna High Court CR. MISC. No.86353 of 2019(2) dt.18-01-2020 2/3 It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case and present case has been filed as a counter blast of complaint case which was filed by mother of petitioner. Injury report of Akash Kumar enclosed as Annexure-4 in which injury is stated to be simple in nature caused by hard blunt substance. Petitioner has no criminal antecedent and is in custody since 08.11.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Lakhisarai P.S. Case No. 249 of 2019 (G.R. No. 538/2019) subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.86353 of 2019(2) dt.18-01-2020 3/3

(3) If the 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. (S. Kumar, J) veena/- U T