Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30479 of 2024 Arising Out of PS. Case No.-629 Year-2023 Thana- KHARHAGPUR District- Munger ====================================================== Suman Kumar, Son of Pradeep Das, Resident of Village/Mohalla- Gandhi Tola Ban Barsa, P.S.- Kharagpur, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Singh, Advocate For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Kharagpur P.S. Case No. 629 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 379, 354, 448, 324 and 307 of the Indian Penal Code.

3. As per prosecution case, the petitioner and other accused persons have assaulted the husband of the informant with iron rod causing head injury and accused Dharmendra Das took out Rs. 400/- from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The FIR is lodged after six days of the occurrence without any plausible explanation which creates doubt on prosecution

Patna High Court CR. MISC. No.30479 of 2024(2) dt.21-05-2024 2/2 case. He further submits that medical report does not support the prosecution case. Injury report shows that the injury found on the person injured is simple in nature. There is case and counter case between the parties. Petitioner has no criminal antecedent. Petitioner undertakes to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Kharagpur P.S. Case No. 629 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T