← Library
Patna High CourtCR. MISC./29319/2022allowed

Samir Kumar @ Chhotu @ Adarsh Kumar v. The State Of Bihar

2022-11-07Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29319 of 2022 Arising Out of PS. Case No.-591 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== SAMIR KUMAR @ CHHOTU @ ADARSH KUMAR S/o Shambu Pd. Deo R/o Village- Sanhauli Kali Asthan, P.S.- Chitragupta Nagar, DistrictKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 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, 323, 504, 506, 307, 385, 379 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 petitioner along with other accused persons was demanding extortion of Rs. 2 lakhs from the informant as he was constructing his house and the informant out of fear paid Rs. 15,000/-, further on 27.07.2021, the petitioner along with accused persons came and demolished the centring of the house and the petitioner assaulted Abhishek by khanti causing injury

Patna High Court CR. MISC. No.29319 of 2022(2) dt.07-11-2022 2/3 on head, Ravinder assaulted Angad by rod causing injury on head, further Indrajeet caught informant from behind and Sunil assaulted by butt of gun causing injuries on nose and face. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the informant was constructing his house which led to a dispute based on which the present occurrence took place, it is also submitted that the injuries suffered are simple in nature and five co-accused persons have been granted bail vide order dated 25.07.2022 in Cr. Misc. No. 65510 of 2021 (Indrajeet Kumar and Ors. Vs. The State of Bihar). 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 Court below 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 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 591 of 2021 subject to the

Patna High Court CR. MISC. No.29319 of 2022(2) dt.07-11-2022 3/3 conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T