Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31405 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Prince Kumar SON OF RAM BABU SINGH RESIDENT OF VILLAGECHAK SIKANDAR, PS- BIDUPUR, DIST- VAISHALI ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jyoti Kumari, Advocate For the Opposite Party/s :
Mr.Nand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Bidupur P.S. Case No. 70 of 2024 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, there is allegation that co-accused Aman Kumar assaulted the informant by means of knife. It is further alleged that co-accused Kaushal Kumar assaulted the informant by means of pistol and petitioner also assaulted the informant by means of knife.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. He
Patna High Court CR. MISC. No.31405 of 2024(3) dt.31-07-2024 2/3 further submits that there is allegation against co-accused Aman Kumar who is stated to have assaulted the informant by means of knife and co-accused Kaushal Kumar is stated to have assaulted the informant by means of pistol and petitioner is also stated to have assaulted the informant by means of knife but there is only one injury upon the victim/informant. The story of prosecution creates doubt when there is allegation of assault against three persons who have attacked upon the informant and there is only one injury which does not corroborate the story of prosecution and nature of injury is simple in nature. Petitioner bears no criminal antecedent.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at
Patna High Court CR. MISC. No.31405 of 2024(3) dt.31-07-2024 3/3 Hajipur in connection with Bidupur P.S. Case No. 70 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Alok Kumar Pandey, J) alok/- U T