Arjun @ Arjun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 18719 of 2021 Arising Out of PS. Case No.-225 Year-2020 Thana- SAMASTIPUR District- Samastipur ====================================================== Arjun @ Arjun Kumar, aged about 30 years, Male Son of Bilat Chaudhary, Resident of Mohalla Kazi Dharampur, P.S-Muffasil, District-Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Ranjan, Advocate For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-11-2021 Heard Mr. Vinay Ranjan, learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
The petitioner seeks bail in connection with Town P.S. Case No. 225 of 2020 dated 11.11.2020, registered for offence punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has not committed any offence as alleged in the FIR and has falsely been implicated in this case. Rather the present FIR filed by the informant is a counter blast to Town P.S. Case No. 226 of 2020 filed by the petitioner. The petitioner counsel submits that it has
Patna High Court CR. MISC. No.18719 of 2021(2) dt.15-11-2021 2/3 been alleged in the said FIR that the present informant had unlawfully extorted from him. It would appear from the two FIRs filed that both were lodged on same date and same time. He further submits that all the sections are bailable except 307 of the Indian Penal Code.
Learned counsel appearing on behalf of the State opposes the prayer for grant of bail and submits that from perusal of the impugned order, it appears that there is direct allegation against the petitioner that he has assaulted the son of the informant with knife and there is skin deep injury on his middle neck.
Considering the allegations made in the FIR, counter case, long standing enmity between the parties and the nature of injury, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 5,00,000/- (Five lakhs) with two sureties of the like amount of Rs. 20,000 (Twenty thousand) each to the satisfaction of the learned Additional Chief Judicial Magistrate, Samastipur in connection with Town P.S. Case No. 225 of 2020 subject to the following conditions: (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the Court below shall be at liberty to cancel the bail bonds of the petitioner.
Patna High Court CR. MISC. No.18719 of 2021(2) dt.15-11-2021 3/3 (b) Both the bailors shall be the resident of territorial jurisdiction of the learned Court below.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Purnendu Singh, J.) Anand Kr.
U T