Abhinandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57776 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Abhinandan Kumar, S/o Sri Rambriksh Rai, R/o Village- Lakhanpur Tal, P.S.- Desari, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 19-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Desari P.S. Case No.108 of 2017/G.R. No.1748 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 326, 307, 504 and 506 of the Indian Penal Code besides Section 27 of the Arms Act. The accusation is that in the evening of 30.04.2017, when the informant Naresh Sahni had gone to Desari Station Chowk, at that time, 6 persons, named in the F.I.R., including the petitioner along with 20-25 unknown persons having lathi, danda, knife and pistol, due to earlier grudge and dispute, came near the informant and caused injury to him, as a result of which he became

Patna High Court Cr.Misc. No.57776 of 2017 (2) dt.19-12-2017 2/2 unconscious and fell down. At the time of the occurrence, Dinu Kumar caused injury near the right eye of the informant through the butt of the pistol.

Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R. with the allegation that he alongwith other F.I.R. named accused surrounded the informant and caused injury to him but the specific allegation to cause injury near the right eye of the informant is against the co-accused Dinu Kumar. Moreover, only one injury near the right eye of the informant was found, which is simple in nature. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Rajesh Pandey, Additional Chief Judicial Magistrate-III, Hajipur, Vaishali, in connection with Desari P.S. Case No.108 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T