Abhinandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11506 of 2022 Arising Out of PS. Case No.-177 Year-2021 Thana- GWALPARA District- Madhepura ====================================================== Abhinandan Kumar Son Of Late Surendra Prasad Sah Resident of Village - Reshna Bazar, P.s.- Gwalpara (Arar O.P.), Distt.- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Gwalpara (Arar O.P.) P.S. Case No. 177 of 2021 registered under Sections 341, 323, 324, 325, 354, 315, 504, 379 and 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 21.11.2021, charge-sheet has been submitted in the case, has antecedent of one case and informant alleges that he along with her daughters (one of the daughter was 7 months pregnant) had gone to the market on 17.11.2021 at about 10:00 AM when the named accused persons including the petitioner thrashed and assaulted them on account of dispute relating to registration of land. It is next alleged that accused Sanjay Kumar assaulted the informant by an iron rod causing

Patna High Court CR. MISC. No.11506 of 2022(2) dt.19-05-2022 2/3 fracture of the right arm of the informant, thereafter accused Mantu Sah assaulted on abdomen of informant's daughter (Nazrana Khatun) with spade on account of which there was a miscarriage. Thereafter, an alarm was raised on which Farzana Khatun came at the place of occurrence who was assaulted by this petitioner by dabiya causing injury on the finger. The learned counsel submits that as far as serious allegation of assault is concerned, the same is alleged against Sanjay and Mantu, as far as the present petitioner is concerned, it is alleged that he assaulted the victim with dabiya bur from perusal of Annexure '2' i.e. the injury report of Farzana Khatun it would manifest that the doctor has opined that the injury was caused by hard and blunt substance and was simple in nature. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 21.11.2021, charge-sheet has been submitted in the case and the injury caused to the victim is simple in nature, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor

Patna High Court CR. MISC. No.11506 of 2022(2) dt.19-05-2022 3/3 court in connection with Gwalpara (Arar O.P.) P.S. Case No. 177 of 2021.

(Satyavrat Verma, J) ved/- U T