Butta @ Sumeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30377 of 2024 Arising Out of PS. Case No.-383 Year-2023 Thana- GAYA KOTWALI District- Gaya ====================================================== Butta @ Sumeet Kumar Son of Raju Prasad @ Raju Prasad Lahera R/o Mohalla- Lal Bahadur Shastri Nagar, P.S.-Kotwali, Dist.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Kotwali P.S Case No. 383 of 2023 dated 14.06.2023 registered for the offence punishable u/s 341, 323, 307, 452, 504, 506/34 of the I.P.C.
3. As per the prosecution case, on 13.06.2023 at about 12:30 P.M., the informant was coming from Chotki Nawada to his house, suddenly the petitioner and other accused persons armed with weapons surrounded the informant and starting abusing him. On being objected, they started assaulting the
Patna High Court CR. MISC. No.30377 of 2024(2) dt.20-05-2024 2/3 informant and his family members with lathi, Danda, iron rod, etc due to which they sustained injury.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner. The allegation against the petitioner is general and omnibus in nature. The injury which was sustained by the informant and his family members is simple in nature. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, as well as the nature of allegation levelled against the petitioner and the injury which was sustained by the injured is simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya, in connection with Kotwali P.S Case No. 383 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.30377 of 2024(2) dt.20-05-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T