Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22112 of 2023 Arising Out of PS. Case No.-311 Year-2020 Thana- KUMAR KHAND District- Madhepura ====================================================== GUDDU KUMAR Son of Subhash Yadav Resident of Village and P.O. Rahata, ward No. 13, P.S. Madhepura, District-Madhepura @ Madhepua ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prafull Chandra Jha, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 447, 323, 324, 307, 354A, 379, 504 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on account of dispute relating to construction of a washroom wall, an altercation took place in which it is alleged that 10 named accused persons including the petitioner came and started abusing and thereafter Subhash Yadav assaulted Jitendra Yadav with
Patna High Court CR. MISC. No.22112 of 2023(2) dt.11-07-2023 2/3 spade causing injury on head, thereafter, Sudesh Yadav assaulted Shiv Kumar with an iron rod causing injury on his head, next Vibhishan assaulted Himanshu causing injury on head and Gorakha along with petitioner dashed Dhiraj on the ground, thereafter, assaulted him with lathi and Vivek threatened with pistol.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the petitioner along with Gorakha are alleged to have dashed Dhiraj on the ground and assaulted him with lathi. It is further submitted that injury suffered by Dhiraj is simple in nature. 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 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
Patna High Court CR. MISC. No.22112 of 2023(2) dt.11-07-2023 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kumarkhand P.S. Case No. 311 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T