Govind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20506 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- PURAINI District- Madhepura ====================================================== GOVIND KUMAR SON OF SHYAMAL SHARMA RESIDENT OF VILLAGE - AURAI, WARD NO. 6, P.S. - PURAINI, DISTRICT - MADHEPURA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Singh For the Opposite Party/s :
Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
3. Petitioner is alleged to have assaulted with dabiya causing cut injury at the arm and eye portion of the father-in-law of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and
Patna High Court CR. MISC. No.20506 of 2023(3) dt.25-07-2023 2/3 omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Vide order dated 27.06.2023, case diary and injury report was called for in the present case. I perused the case diary and injury report. In the injury report, opinion regarding injury no.2 has been kept reserved.
7. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Puraini P.S. Case No.172 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
8. However, learned Court below is directed to call for the injury report of the present case within eight weeks from today and verify the nature of injury no.2, if the nature of the injury is
Patna High Court CR. MISC. No.20506 of 2023(3) dt.25-07-2023 3/3 found as grievous in nature, then the bail bond of the petitioner shall not be accepted.
9. This application is, accordingly, disposed of. (Anjani Kumar Sharan, J) shikha/- U T