Sachin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22599 of 2024 Arising Out of PS. Case No.-981 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Sachin Kumar son of Sonelal Sah @ Sonalal Sah Resident of VillagePachrukha West, P.S.- Banjariya, Dist.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Ranjan For the Opposite Party/s :
Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-04-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that during course of panchayati, the accused persons including the petitioner came and started creating ruckus and when the informant tried to stop them, when Deepak Kumar gave order to kill the informant, on which, the petitioner is alleged to have assaulted the informant repeatedly by knife
Patna High Court CR. MISC. No.22599 of 2024(2) dt.25-04-2024 2/3 causing injury on his left shoulder. The learned counsel next submits that though it is alleged that petitioner assaulted the informant by knife causing injury but then from the order impugned, it would manifest that the same records the injury but does not record whether the injury was grievous or simple. It is also submitted that the informant alleges that he was assaulted by knife but then the order impugned records that the injury was caused by hard and blunt object, which falsifies the allegation of assault by knife.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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 Court below 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 Turkauliya P.S. Case No.981/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. However, the learned trial court before accepting
Patna High Court CR. MISC. No.22599 of 2024(2) dt.25-04-2024 3/3 the bail bonds of the petitioner, shall verify the injury report of the injured and in the event if it is found that the injury has been caused by a sharp edged weapon, in that event, the bail bonds of the petitioner shall not be accepted. Further, if the injury is grievous, in that event also, the bail bonds of the petitioner shall not be accepted but if the injury is simple caused by hard and blunt object, in that event the bail bonds of the petitioner shall be accepted forthwith.
(Satyavrat Verma, J) amit/- U T