Abhinandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36144 of 2021 Arising Out of PS. Case No.-725 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Abhinandan Kumar Son of Mohan Tiwari Resident of Village - Minapur Rai, P.S.- Hajipur (Sadar), District - Vaishali at Hajipur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-02-2022 Heard learned counsel for the petitioner as well as learned counsel for the Informant and learned Additional Public Prosecutor for the State in Virtual Court proceeding. Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 725 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

According to prosecution case, allegation against the petitioner as per F.I.R. that Abhinandan Kumar along with his associates caught the informant. The present petitioner with iron hassua with intention to cause death of the informant hit him on his neck and due to said injury he fell down. He was taken to

Patna High Court CR. MISC. No.36144 of 2021(4) dt.16-02-2022 2/3 Sadar hospital at Hajipur where injury was stated to be grievous. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. He further submits that as per F.I.R. allegation against the petitioner that he has given Hasua blow on the informant. He further submits that the injury report which has been issued by the P.M.C.H. has been found simple in nature. He further submits that police after investigation submitted charge sheet against the petitioner. The petitioner is in custody since 02.01.2021.

The learned counsel for the Informant and learned Additional Public Prosecutor have vehemently opposed the prayer for bail but fairly submits that the informant has given application for correction of mistake committed by the doctor of P.M.C.H. and petitioner has carries one criminal antecedent. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 725 of 2019, subject to the following conditions:-

Patna High Court CR. MISC. No.36144 of 2021(4) dt.16-02-2022 3/3

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T