Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3947 of 2023 Arising Out of PS. Case No.-209 Year-2022 Thana- GOPALPUR District- Patna ====================================================== ANKIT KUMAR S/o Ajeet Rai @ Aditya Kumar R/o Bairiya, P.S.- Gopalpur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is named in F.I.R and apprehending his arrest in connection with Gopalpur P. S. Case No. 209 of 2022 registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307 and 506 of the Indian Penal Code.

The allegation against the petitioner is to assault informant and others, along with other co-accused persons, causing bodily injuries, having intention to cause their death, where occurrence arises out of previous enmities. Learned counsel appearing on behalf of the petitioner submitted that allegation as regard to assault is appearing very

Patna High Court CR. MISC. No.3947 of 2023(4) dt.25-05-2023 2/2 much general and omnibus against this petitioner. It is submitted that injury as caused by the petitioner found on non-vital parts of body i.e. fractures of carpal and metacarpal bone of the hand of the injured, who is the father of the informant. It is further submitted that nature of injury is not sufficient to suggest that same may cause death of injured in ordinary course of nature. Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances and by taking note of nature of injury which appears on non-vital parts of the body, let above named petitioner, in the event of his arrest or surrender before learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st, Patna/concerned Court, in connection with Gopalpur P. S. Case No. 209 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.