Kumod Kumar @ Kumod Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36098 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -NTPC District- BHAGALPUR ====================================================== Kumod Kumar @ Kumod Mandal S/o Raj Ballabh Mandal Resident of village - Brahamchari, P.S. Kahalgaon, District - Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 21-08-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections448, 323, 307 and 506/34 of the Indian Penal Code. It is alleged that the accused persons came variously armed and asked about elder son of the informant when he was not found then the accused persons tried to take away younger son of the informant Ashish Kumar. On protest being made he was assaulted. It is specifically alleged that this petitioner assaulted with iron rod on the head of the informant when the elder son of the informant came to rescue he was assaulted by the accused persons.
Patna High Court Cr.Misc. No.36098 of 2015 (2) dt.21-08-2015 2/2 It is submitted by learned counsel for the petitioner that the there is no accusation of assault to the informant whereas he received lacerated injury of marginal size caused by hard and blunt substance simple in nature and the informant has retracted from the initial version. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bhagalpur in connection with N.T.P.C. P.S. Case No. 15 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T