Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10930 of 2020 Arising Out of PS. Case No.-339 Year-2019 Thana- KORHA District- Katihar ====================================================== Prem Kumar Son of Sumeshwar Paswan @ Subahangar Resident of Village - Kolasi, P.S.- Korha, Distt.- Katihar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pawan Kumar Singh, Adv.

For the Opposite Party :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Korha P.S. Case No. 339 of 2019 for the offence punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the informant and others as also the wife of the informant. It is alleged that the co-accused person, namely, Sumangar Paswan had assaulted the wife of the informant on the head by sword with intention to kill her, and as far as the petitioner is concerned, he is stated to have assaulted Dilip Paswan and Vikas Paswan.

The learned counsel for the petitioner has submitted that the petitioner is innocent, having a clean

antecedent and has been falsely implicated in the present case and there is an admitted land dispute amongst the parties from before. It is further submitted that the injuries report of the Dilip Paswan and Vikas Paswan, annexed as "Annexure-2" to the present petition would show that they have received simple injuries. Lastly, it is submitted that the present case arises out of case and counter case and, in fact, the petitioner has also received injuries.

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/-(rupees ten thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 339 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) K.K.RAO/- U T