Ashok Kumar @ Ashok Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15675 of 2022 Arising Out of PS. Case No.-601 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== ASHOK KUMAR @ ASHOK PATEL Son of Ramjee Prasad Resident of village - Rajguru Chowk Kurmi Tola Ward No.- 09, P.S.- Bettiah Town (Kalibagh O.P.), District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 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, 324, 307, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases but two antecedents are with respect to cases relating to Section 498(A) of the Indian Penal Code out of which in two cases he has been acquitted and in one case he is on bail.

Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that as far as this petitioner is concerned, he is alleged

Patna High Court CR. MISC. No.15675 of 2022(2) dt.20-09-2022 2/3 to have caught the informant's wife Harshit assaulted him with a dagger causing injury on his left arm. It is next submitted that the specific allegation of assault against Harshit and if the petitioner and Abhishek would have really caught the informant then there was absolutely no occasion for the informant to save himself, as he alleges that Harshit attacked his neck but he managed to save himself and in the process got injury on his left hand, it is thus submitted that had the petitioner along with Abhishek would have been holding the informant then the informant would not have been able to save himself. It is also submitted that the injury suffered is simple in nature and specific allegation of assault is not against the petitioner. 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. 20,000/- (Rupees Twenty 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 Bettiah Town

Patna High Court CR. MISC. No.15675 of 2022(2) dt.20-09-2022 3/3 (Kalibagh O.P.) P.S. Case No. 601 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T