Satyendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23536 of 2024 Arising Out of PS. Case No.-294 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== Satyendra Kumar, (M), aged about 32 years, Son of Arun Kumar @ Anil Kumar, R/o Village- Karanmachak, P.S.- Halsi, Dist.- Lakhisarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Amrendra Kumar, Advocate For the Opposite Party :
Mr. Nawal Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Halsi P.S. Case No. 294 of 2023 dated 05.11.2023 registered for the offences punishable under Sections 341, 323, 324, 307, 354B, 379, 504 and 506/34 of the I.P.C.
3. As per the prosecution case, the co-accused Arun Kumar @ Anil Kumar and Satyendra Kumar (petitioner) abused the informant and on protest, they assaulted with Khanti on his head. When his wife and Anish Kumar came to rescue him, the co-accused Arun Kumar @
Patna High Court CR. MISC. No.23536 of 2024(2) dt.22-04-2024 2/3 Anil Kumar assaulted on the head of Anish Kumar causing head injury and he fell down. Both accused persons thrashed the informant's wife on the earth and assaulted her with fists, slaps and leg due to which she became half naked and they also snatched her golden ear-ring.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is land dispute between the parties. There is case and counter case also between the parties. It is further submitted that the doctor has examined the informant and Anish Kumar and has found the injuries simple in nature caused by hard and blunt substance. There is no repetition of blow. The petitioner had no intention to cause death of the informant. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, let the above named petitioner, in the event of his
Patna High Court CR. MISC. No.23536 of 2024(2) dt.22-04-2024 3/3 arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai, in connection with Halsi P.S. Case No. 294 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T