Jaimendra Kumar @ Latan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7765 of 2023 Arising Out of PS. Case No.-102 Year-2020 Thana- MAHKAR District- Gaya ====================================================== JAIMENDRA KUMAR @ LATAN SON OF RAM RAMCHANDRA YADAV R/O VILLAGE- PATHAKBIGHA, P.S.- MAHKAR, DISTRICTGAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Mahkar P.S. Case No. 102 of 2020 registered for the offence punishable under Section 341, 342, 323, 379, 504, 506, 34 of the Indian Penal Code.

The petitioner along with other co-accused persons are alleged to have mercilessly beaten the informant with iron-rod and outraged the modest of the wife of the informant. The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the injury report of the informant would show that the injuries, sustained by him, are simple in nature and superficial in nature.

Patna High Court CR. MISC. No.7765 of 2023(2) dt.19-05-2023 2/2 Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, taking into account the materials available on record as also considering the fact that the injuries, sustained by the informant, have been categorically stated, by the petitioner, to be simple in nature, though I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail, however, subject to verification of the injury report by the learned Trial Court. Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Gaya, in connection with Mahkar P.S.Case No. 102 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T