Utasav Kumar @ Hani Kumar @ Utkarsh Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11698 of 2024 Arising Out of PS. Case No.-258 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== Utasav Kumar @ Hani Kumar @ Utkarsh Raj Son Of Ashok Prasad Resident Of Areraj Ward No.2, P.S. - Gobindganj (Areraj), District - East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anang Mohan Sinha For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2024 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 148, 341, 323, 325, 307 and 379 of the Indian Penal Code.
3. As per F.I.R., the allegation against this petitioner is that he assaulted on the head of brother of the informant by means of iron rod.
4. It is submitted on behalf of petitioner that there was a free-fight between the parties, in which, both sides sustained injury. There is case and counter case and F.I.R. has been lodged after a delay of 7 days without there being any plausible explanation of delay. The injury, allegedly caused by this petitioner, is simple in nature. One similarly situated co-accused Chanchal Kumar has already been granted anticipatory bail by a
Patna High Court CR. MISC. No.11698 of 2024(2) dt.22-02-2024 2/2 coordinate Bench of this Court, vide order dated 24.05.2023 passed in Cr.Misc. No. 14663 of 2023 (Annexure - 3). Petitioner has got clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Gobindganj (Areraj) P.S. Case No. 258 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T