Indrajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30470 of 2020 Arising Out of PS. Case No.-152 Year-2020 Thana- GORAUL District- Vaishali ====================================================== 1.

INDRAJEET KUMAR Son of Kamlesh Ray 2.

Sonu Kumar Son of Suresh Ray Both are resident of Village - Wasti Sarsikan, P.S.- Goraul (Kathara O.P.), District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2020 Heard both sides through Video Conferencing.

The petitioners apprehend their arrest in Goraul (Kathara O.P.) P.S. Case No.152 of 2020 registered under Sections 341, 323, 324, 354, 307 and 34 of the Indian Penal Code.

The informant alleged that on 23.04.2020, Indrajeet Kumar and Sonu Kumar(the petitioners) were putting tobacco leaves on the road. When the informant asked not to put tobacco leaves on the road, Indrajeet Kumar fired at the informant but the firing did not hit him. Sonu Kumar assaulted his wife with farsa on her head. It is further alleged that other accused persons also assaulted him.

Patna High Court CR. MISC. No.30470 of 2020(2) dt.17-12-2020 2/3 The learned counsel for the petitioners submits that occurrence took place on 23.04.2020 but the informant submitted the application for lodging the F.I.R. on 01.05.2020. The petitioners are own gotia of the informant. There is land dispute between two sides. One lacerated wound is found on the head of the wife of the informant although the petitioner No.2 is said to have assaulted her with sharp edge weapon such as farsa. The injury appears to be simple in nature.

Learned A.P.P. opposed the prayer for anticipatory bail.

It appears that occurrence is said to have been taken place on 23.04.2020 but the informant lodged the case after eight days of the occurrence. There is no satisfactory explanation for lodging the case after one week. The injury found on the person of the wife of the informant appears to be simple in nature.

Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. I, Vaishali at Hajipur in connection with

Patna High Court CR. MISC. No.30470 of 2020(2) dt.17-12-2020 3/3 Goraul (Kathara O.P.) P.S. Case No.152 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T