Umashankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29546 of 2020 Arising Out of PS. Case No.-301 Year-2019 Thana- EKANGARSARAI District- Nalanda ====================================================== UMASHANKAR KUMAR Son of Late Nawal Kishore Singh Resident of Village - Amnar Khas, P.S.- Ekangarsarai, District - Nalanda at Biharsharif ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Soni Srivastava For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-01-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Ekangarsarai Police Station Case No. 301 of 2019, disclosing offence under Sections 341/323/324/325/448/307/ 379/504/506/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner assaulted the informant by means of khanti on her head.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to previous dispute between the parties and the petitioner is the close door neighbour as well as agnate of the informant. She next submits that there is dispute of passage between the parties

Patna High Court CR. MISC. No.29546 of 2020(3) dt.29-01-2021 2/3 and a proceeding under Section 147 Cr.P.C. is pending against them. She next submits that injuries caused to the informant is not serious in nature.

On the other hand, learned Additional Public Prosecutor vehemently opposes the prayer for anticipatory bail and submits that petitioner has criminal antecedent inasmuch as earlier also, the petitioner had assaulted the informant and others, for which Ekangarsarai Police Station Case No. 264 of 2019 was lodged by the informant against the petitioner and others. However, referring to the case diary, he submits that injuries caused to the informant have been found to be simple in nature.

After having heard learned Counsel for the parties concerned and taking into consideration the materials on record and the fact that both the parties are agnates and close door neighbour and the injuries caused to the informant are simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from today, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.29546 of 2020(3) dt.29-01-2021 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Hilsa, Nalanda, in connection with Ekangarsarai Police Station Case No. 301 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √