Gautam Kumar @ Saurabh Kumar @ Subham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2608 of 2020 Arising Out of PS. Case No.-219 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== GAUTAM KUMAR @ SAURABH KUMAR @ SUBHAM KUMAR Son of Santosh Kumar At present Resident of - Garva, P.S.- Rafiganj, DistrictAurangabad, Permanent Resident of Darmiya, P.S.- Rafiganj, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rafiganj P.S. Case No. 219 of 2019, registered for the offence punishable under sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

As per the allegation in the FIR, the accused persons including the petitioner herein are said to have come variously armed and of having abused and assaulted the informant and others. It is stated that while Saurabh Kumar armed with a sword, Raja Kumar and Satyam Kumar armed with rod struck the informant, the petitioner is alleged to have given a knife blow to Anand Kumar causing injury on his cheek. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.2608 of 2020(2) dt.05-03-2020 2/2 that from the injury report of aforesaid Anand Kumar, has brought on record as Annexure-2 to the petition, no injury having been caused by a knife has been found and the two injuries found are stated to having been caused by the hard and blunt object. The injuries have has been opined by the doctor to be simple in nature. The petitioner is a 19 years old, having no criminal antecedent.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above together with the nature of injuries read with the injury report brought on record as Annexure-2 to the petition, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Rafiganj P.S. Case no. 219 of 2019, he will 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., Aurangabad subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T