← Library
Patna High CourtCR. MISC./32884/2020bail granted

Chandan Kumar, v. The State Of Bihar,

2021-03-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32884 of 2020 Arising Out of PS. Case No.-36 Year-2020 Thana- KORMA District- Sheikhpura ====================================================== Chandan Kumar, son of Krishna Mahto, Resident of Village - Belauni, P.S. - Korma, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed. Rizwanul Haque For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-03-2021 Heard both sides.

The petitioner apprehends his arrest in Korma P.S. Case No.36 of 2020 registered under Sections 341, 323, 307, 447, 504, 506 and 34 of the Indian Penal Code. The informant, Sunil Kumar alleged that on the date of occurrence, Anuj Kumar, his brother was sitting at his door. All the accused persons came with different weapons and Chandan Kumar(the petitioner) assaulted Anuj Kumar with khanti on his head. Vikash Kumar fired and also assaulted the brother of the informant with butt of pistol. The informant further alleged that accused persons also assaulted him. The learned counsel for the petitioner submits that there is a counter version being Korma P.S. Case No.35 of 2020 which was registered on the basis of the fardbeyan of the

Patna High Court CR. MISC. No.32884 of 2020(2) dt.12-03-2021 2/2 petitioner. It is further submitted that injury found on the person of Anuj Kumar(Annexure-4) is simple in nature caused by hard and blunt object. Petitioner is not the assailant of Sunil Kumar, the informant. Sunil Kumar also got two injuries which are simple in nature but injury found on little finger of right hand is opined to be grievous in nature.

It appears that there is a case and counter case and both sides entered into scuffle and made assault on each other in which on account of assault made by the petitioner, Anuj Kumar got simple injuries.

Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. I, Sheikhpura in connection with Korma P.S. Case No.36 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