Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20347 of 2021 Arising Out of PS. Case No.-157 Year-2020 Thana- KHARIK District- Bhagalpur ====================================================== 1.

Ashutosh Kumar Son Of Pinku Kumar @ Ranjeet Kumar R/O VillageDhruvganj, P.S.- Kharik, District- Bhagalpur. 2.

Pinku Kumar @ Ranjeet Kumar Son Of Devaki Nandan Kumar R/O Village- Dhruvganj, P.S.- Kharik, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :

Mr. Ravi Kumar, APP For the Informant :

Mr. Puneet Siddhartha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2022 Heard learned counsel for the petitioners, learned counsel for the Informant and learned APP for the State and perused the case diary.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 448, 504 and 506/34 of the Indian Penal Code. It is a case of assaulting, abusing and criminal intimidation to the informant as a result, two persons sustained injury, namely, Ajit Kumar and Ram Sewak Kumar. It is submitted by learned counsel for the informant that Ajit Kumar sustained injury of frontal sinus fracture and injury no.1 is grievous in nature and other injured also sustained injury, although the injuries are simple in nature. In contra, learned counsel for the petitioners submits

Patna High Court CR. MISC. No.20347 of 2021(4) dt.28-07-2022 2/2 that allegation against them is that they assaulted to Ajit Kumar by means of axe but injury as opined by the doctor on the person of Ajit Kumar is lacerated which is not possible by axe. Both injured persons received lacerated and abrasion, except injury no.1 as sustained by Ajit Kumar, all injuries are simple in nature. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate incident.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM-I, Naugachia in connection with Kharik P.S. Case No. 157 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T