Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 15631 of 2022 Arising Out of PS. Case No.-39 Year-2021 Thana- KHIRI MORE District- Patna ====================================================== GAUTAM KUMAR Son of Tapeshwar Yadav @ Tapeshwar Prasad Resident of Village - Gaushganj, P.S.- Khiri More, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504 and 34 of the Indian Penal Code. The informant alleges that he was assaulted by the petitioner by iron rod causing injury on his head and causing fracture of wrist.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and has been falsely implicated in the present case, it is next submitted that from perusal of Annexure-2 it would manifest that lacerated wound was found on the head along with pain and swelling of right forearm and general pain in whole body. Learned counsel next submits that the informant was referred to PMCH for getting an

Patna High Court CR. MISC. No. 15631 of 2022(3) dt.01-12-2022 2/2 X-Ray done of the injury but from perusal of paragraph- '38' of the Case Diary it would manifest that the informant himself had written an application, the I.O. of the case stating therein that he does not wish to go to P.M.C.H., as such, the informant never went to P.M.C.H., after being referred by the P.M.C.H. and he went to some private hospital, as such, the opinion with respect to the injury is reserved till date.

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

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khiri More P.S. Case No. 39 of 2021subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T