Gunjan Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18298 of 2024 Arising Out of PS. Case No.-161 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

Gunjan Kumar @ Deepak Kumar Son of Late Jai Chandra Singh Resident of Village- Harnath Chak, Police Station- Gopalpur, District- Bhagalpur 2.

Poonam Devi Wife of Late Jai Chandra Singh Resident of Village- Harnath Chak, Police Station- Gopalpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Singh For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant with an allegation that on account of dispute relating to construction of makeshift hut on the land of the informant, the alleged occurrence is said to have taken place and the petitioners assaulted the informant with axe. The learned counsel submits that from perusal of the injury report, it would manifest that injury no.2 and 3 are simple in nature and

Patna High Court CR. MISC. No.18298 of 2024(2) dt.02-04-2024 2/2 the injury caused on index finger is said to be a grievous but then the same is not on the vital part of the body, which amply demonstrates that the petitioners never had any intention of committing a serious occurrence. It is also submitted that though there is allegation of assault against the petitioners but then the allegation is not specific.

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

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Gopalpur P.S. Case No.161/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T