Kishore Kumar Saket @ Kishore Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31731 of 2022 Arising Out of PS. Case No.-568 Year-2013 Thana- SUPAUL District- Supaul ====================================================== Kishore Kumar Saket @ Kishore Kumar Jha Son Of Chandakant Jha Resident Of Village-Barual, P.S. And District-Supaul.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohit Shriwastava For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 328, 341, 308, 379 and 506 of the Indian Penal Code.

Petitioner is said to have assaulted the informant on his head by means of iron rod.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that during course of investigation police

Patna High Court CR. MISC. No.31731 of 2022(2) dt.14-09-2022 2/2 found no case against the petitioner and accordingly police submitted F.F as insufficient evidence against the petitioner. He further submits that offence under Section 307 IPC is not applicable against the petitioner. He submits that the injury found upon the victim is simple in nature. He submits that there is contradiction between the F.I.R. and the injury report of the informant. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Supaul P.S. Case No. 568 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.