Niraj Kumar @ Banti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38181 of 2024 Arising Out of PS. Case No.-190 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Niraj Kumar @ Banti SON OF RAM KUMAR SAH RESIDENT OF VILLAGE- VAISHALI GOLA CHOWK, P.S.- VAISHALI, DISTVAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-07-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Vaishali Police Station Case No. 190 of 2021, dated 24.05.2021, disclosing offences under Sections 341/323/379/504/308/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 19.05.2021, while the informant was at his door, the petitioner, along with other accused persons, arrived there and started abusing the informant and when the informant protested the petitioner assaulted the informant with iron rod causing head injury.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case

Patna High Court CR. MISC. No.38181 of 2024(2) dt.03-07-2024 2/2 due to land dispute. He further submits that the injury caused to the informant is simple in nature as would be evident from injury report annexed at Annexure-3.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that injury caused to the informant is simple in nature and both the parties are co-sharer having land dispute, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within 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 learned Judicial Magistrate 1st Class, Vaishali at Hajipur, in connection with Vaishali Police Station Case No. 190 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T