Aatish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7780 of 2022 Arising Out of PS. Case No.-310 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== AATISH KUMAR SON OF LATE JAY RAM SINGH R/O VILLAGEBISHNUPUR, P.S.- PARBATTA, DISTRICT- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyank Deepak, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 337, 338, 379 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a young boy aged about 19 years and the informant alleges that on 26.07.2021 when he along with his son were going to see their field when the occurrence took place near the water tank in front of the house of Ram Singh, it is next alleged that the petitioner along with three unknown accused pelted bricks on son of the informant causing injury on his head and the reason for the occurrence was that injured was wearing a half pant and a

Patna High Court CR. MISC. No.7780 of 2022(2) dt.30-08-2022 2/3 t-shirt.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that petitioner and the injured are friends, it is also submitted that no doubt petitioner had thrown stone but it was not with an intention to hit the injured but by chance he got hit and thereafter the present case came to be instituted, it is next submitted that the occurrence took place at village Parbatta in the district of Khagaria, but the informant instead of going to the nearest PHC or any hospital in Khagaria went to Begusarai and the next day got a report from a private hospital which amply demonstrates that had the son of the informant been seriously injured then definitely the informant would have taken him to the local hospital at the first instance, it is also submitted that petitioner is a young boy aged about 19 years and in the event, if he is sent to custody his entire career would get jeopardize.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court

Patna High Court CR. MISC. No.7780 of 2022(2) dt.30-08-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Parbatta P.S. Case No. 310 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T