Bhushan Kumar @ Bhushan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35161 of 2024 Arising Out of PS. Case No.-1024 Year-2023 Thana- DANAPUR District- Patna ====================================================== Bhushan Kumar @ Bhushan Prasad Son of Late Kashi Prasad Resident of Village - Jhun Jhun Road ward no. 1 and 2, P.S. - Danapur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohit Shriwastava For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504, 354(B) and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and has been falsely implicated in the instant case by the informant with an allegation that he assaulted the informant by an iron rod causing injury on his head.

4. The learned counsel for the petitioner submits that though it has been alleged that petitioner assaulted the informant by an iron rod causing injury on head but then there is no injury report on record nor the order impugned discusses about the

Patna High Court CR. MISC. No.35161 of 2024(4) dt.30-09-2024 2/2 injury.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. 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 trial court where the case is pending/successor court in connection with Danapur P.S. Case No.1024/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, the learned trial court before accepting the bail bonds of the petitioner shall verify the injury report of the informant and in the event if it is found that the informant suffered injury on head in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T