Nand Kishore Kumar @ Nand Kishor Kumar @ Lakariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32445 of 2020 Arising Out of PS. Case No.-322 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== NAND KISHORE KUMAR @ NAND KISHOR KUMAR @ LAKARIYA, S/o Ram Sevak Sah @ Ram Sevak Saho Resident of Village-Kaithma, P.S.- Muffasil, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-02-2021 Heard Mr. Sandip Kumar Gautam, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Muffasil P. S. Case No. 322 of 2019 dated 23.06.2019, instituted for the offences under Sections 341, 323, 504, 307, 354, 506 and 34 of the Indian Penal Code.

The petitioner is the own nephew of the informant. He is alleged to have given a khanti blow on the head of the informant because of a prior dispute. Though the injury report has not been annexed

Patna High Court CR. MISC. No.32445 of 2020(2) dt.10-02-2021 2/3 with the bail petition but from the impugned order, the learned counsel for the petitioner has tried to demonstrate that the dimension of the injuries which have been noted down in the order rejecting the anticipatory bail application, without discussing the nature of injuries presupposes that the injuries are simple in nature.

The learned counsel for the petitioner submits that he has been instructed to state before this Court that the injuries on the informant have been opined to be simple in nature.

Considering the aforesaid submission made on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.32445 of 2020(2) dt.10-02-2021 3/3 Chief Judicial Magistrate, Begusarai, in connection with Muffasil P. S. Case No. 322 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

It is however made clear that if the information furnished by the petitioner with respect to the injuries is not found to be correct, this order shall not be given effect to.

(Ashutosh Kumar, J) skm/- U T