Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21166 of 2022 Arising Out of PS. Case No.-210 Year-2019 Thana- SAKURABAD District- Jehanabad ====================================================== PRINCE KUMAR Son of Late Manoj Singh Resident of Village - Rasalpur, P.S.- Akangar Sarai, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan No. II, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

The informant alleges that the petitioner assaulted with butt of a pistol on the head of the brother-in-law of the informant causing injury and thereafter the other accused persons as detailed in the FIR also assaulted.

Learned counsel for the petitioner submits that police after investigation submitted charge-sheet under Sections 341, 323, 504

Patna High Court CR. MISC. No.21166 of 2022(2) dt.02-11-2022 2/2 and 506 of the Indian Penal Code but the learned trial court in a mechanical manner took cognizance under Section 307 and other allied sections of the Indian Penal Code. It is thus submitted that during investigation no material came to even remotely suggest that the offence committed was true under Section 307 of the Indian Penal Code but still the learned trial court took cognizance. 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 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 court below where the case is pending/successor court in connection with Shakurabad P.S. Case No. 210 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T