Binod Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23564 of 2024 Arising Out of PS. Case No.-594 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Binod Baitha son of Radhe Baitha Resident of Village- Bara Bariyarpur, P.S.- Chhatauni, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-05-2024

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 offences punishable under Sections 341, 323, 307, 379, 385, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant on account dispute relating to land. It is further submitted that the informant alleges that petitioner assaulted him by farsa causing injury on head, but the from perusal of the injury report (Annexure-3), it would manifest that the doctor has opined the injuries to be simple caused by hard and blunt substance. It is further submitted that since the injuries are simple in nature which amply demonstrates that petitioner never had any intention of

Patna High Court CR. MISC. No.23564 of 2024(2) dt.01-05-2024 2/2 committing a serious occurrence nor farsa was used in assault or else, the injury report would have recorded that injury has been caused by sharp edged weapon. It is next submitted that from side of the petitioner also Chhatauni P.S. Case No. 595 of 2023 dated 26.11.2023 has been instituted against the side of the informant.

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 trial court 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 Chhatauni P.S. Case No. 594 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T