Raj Kumar Vishwakarma @ Raju Kumar Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9022 of 2020 Arising Out of PS. Case No.-147 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== RAJ KUMAR VISHWAKARMA @ RAJU KUMAR VISHWAKARMA Son of Rajeshwar Vishwakarma Resident of Mohalla-Hanuman Nagar, P.SPatrakar Nagar, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

Mr. Maruti Kumari, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Patrakar Nagar P.S. Case No. 147 of 2019 for the offence punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

The allegation is regarding the petitioner herein having assaulted the husband of the informant by iron rod on his head.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that the impugned order dated 16.10.2019 would

Patna High Court CR. MISC. No.9022 of 2020(2) dt.03-03-2020 2/2 show that the injury report is not on record, hence, it is submitted that no injury has been sustained by the members of the prosecution party. Lastly, it is submitted that the present case is a case and counter case and the case filed by the wife of the petitioner herein being first in time.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct for release of the petitioner on anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIII, Patna in connection with Patrkar Nagar P.S. Case No. 147 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U