Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13375 of 2023 Arising Out of PS. Case No.-417 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== ANIL KUMAR SON OF NAGENDRA PRASAD, R/O VILL.- ALINEURA, P.S.- MINAPUR, DISTT.- MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-05-2023 Heard the learned counsel for the petitioner as well as the learned counsel for the informant.

The petitioner is seeking regular bail in connection with Minapur P.S. Case No. 417 of 2022, registered for offence punishable under sections 341, 323, 504, 506, 307/34 of the Indian Penal Code.

As per allegation, three accused persons, including the petitioner along with 4-5 unknown accused persons, attacked the informant. The petitioner, as per allegation, demanded ransom of Rs.1,00,000/- at the point of pistol from the informant and co-accused Nagendra Paswan @ Nagendra Prasad assaulted him with knife on his head. Further allegation against the petitioner is that he assaulted him with butt of the pistol.

Patna High Court CR. MISC. No.13375 of 2023(2) dt.17-05-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Co-accused Nagendra Paswan @ Nagendra Kumar, against whom there is allegation of inflicting knife blow on the head of the informant, has been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 68790 of 2022. There is case and counter case and the petitioner has also lodged Meenapur P.S. Case No. 436 of 2022 against the informant and his family members. He has also submitted that the injuries are simple in nature and the petitioner is under custody since 10.10.2022.

On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the petitioner is a person of criminal antecedent and he disclosed three cases against him in paragraph no. 3 of the bail petition. Considering the nature of allegation and the period of incarceration, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 417 of 2022, subject to the following conditions:-

Patna High Court CR. MISC. No.13375 of 2023(2) dt.17-05-2023 3/3 (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T