Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14080 of 2021 Arising Out of PS. Case No.-188 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== ASHOK KUMAR S/o Bahadur Yadav R/o Village- Chongwa, P.S.- Kawakole, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad, Adv.
For the Opposite Party/s :
Mr.Birendra Kumar, Adv.
Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State through virtual court proceedings.
Petitioner apprehends his arrest in connection with Kawakole (Kawakol) P.S. Case No.188 of 2020, registered for the offence punishable under sections 147, 148, 149, 341, 323, 457, 302, 504 of the IPC.
The crux of the prosecution case is that all the accused persons including the petitioner came armed variously at the door of the informant's brother and assaulted him indiscriminately, due to which he fell on the ground. On alarm, when his younger brother went to save him, the accused persons assaulted him. It is alleged that during course of treatment the
Patna High Court CR. MISC. No.14080 of 2021(3) dt.12-01-2022 2/3 informant's brother died.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and has not committed any offence. He has been falsely implicated in this case due to dirty village politics and land dispute. There is general and omnibus allegation against the petitioner and the specific allegation is against one Mithilesh Yadav, who is said to have assaulted the informant's brother by iron rod, due to which he fell down and later died during treatment. The post-mortem report also supports this fact. It is further submitted that similarly situated co-accused has been granted bail vide Cr.Misc. No.39219 of 2020, dated 13.09.2021 by a co-ordinate Bench of this Court and petitioner has no criminal antecedent, as such, he may be enlarged on anticipatory bail.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that the petitioner is also involved in the present occurrence. In the facts and circumstance of the case, the above named petitioner, in the event of his surrender/arrest before the learned Court below within a period of six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of
Patna High Court CR. MISC. No.14080 of 2021(3) dt.12-01-2022 3/3 the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IVth, Nawada, in connection with Kawakole (Kawakol) P.S. Case No.188 of 2020, subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T