Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2236 of 2020 Arising Out of PS. Case No.-82 Year-2018 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== ARUN KUMAR Son of Jagdish Patel @ Jagdeesh Ray Resident of VillagePratap Patti Parsauni, P.S.- Sahebganj, Dist- Muzaffarpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rajesh Sah Son of Suresh Sah Resident of Village-Pratap Patti, P.S.- Sahebganj, Distt- Muzaffarpur.

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehends arrest in connection with Sahebganj P. S. Case No. 82 of 2018 instituted for the offence under Section(s) 341,323,324,308 and 379 of the Indian Penal Code.

Allegation is that the informant has been assaulted by the petitioner and some other persons. The petitioner has been attributed with giving a blow on the head and chest of informant.

Learned counsel for petitioner submits that in view of subsisting dispute between the parties, due to misconception

Patna High Court CR. MISC. No.2236 of 2020(2) dt.16-01-2020 2/3 instant case has been lodged against the petitioner. It is further submitted that case has been lodged under misconception, is evident from the fact that the informant and petitioner has filed a joint compromise petition before the Court below, wherein, the informant has specifically stated that he does not wish to proceed with the case any further. The petitioner is also not having any criminal antecedents.

The learned APP for the State opposed the prayer for bail. Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the court below, within four (04) weeks from today, 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 Additional Chief Judicial Magistrate-1st (West), Muzaffarpur, in connection with Sahebganj P.S. Case No. 82 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the

Patna High Court CR. MISC. No.2236 of 2020(2) dt.16-01-2020 3/3 petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T