Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35768 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- BYPASS District- Patna ====================================================== Deepak Kumar Son of Ashok Kumar @ Ashok Prasad Yadav Resident of Mandai Par Bahari Begampur PS- Bypass District Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shadab Akhter, Adv.
For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-07-2023 Heard Mr. Shadab Akhter, learned counsel for the petitioner learned APP for the State.
2. The petitioner apprehends his arrest in connection with Bypass P.S. Case No. 119 of 2023 registered for the offences punishable under Sections 341, 323, 504, 506 and 307/34 of the Indian Penal Code.
3. The petitioner along with FIR named accused persons is said to have mercilessly beaten the son of the informant with sticks and iron rods due to which he sustained serious injury and when the informant and cousin of the son of the informant went to his rescue, they were also thrashed.
4. Learned counsel for the petitioner submits that from the narration of the FIR, it is evident that no specific allegation has been attributed against the petitioner. He further submits that
Patna High Court CR. MISC. No.35768 of 2023(2) dt.25-07-2023 2/3 the petitioner being member of the Pooja Samiti of the locality manages the work relating to festival and on account of some dispute, the scuffle took place between some of the persons and the informant, due to which the informant sustained some injuries. He further drawn the attention of this Court to the impugned order and with reference thereto submits that even from the impugned order, it does not transpire as to whether the injured has sustained any grievous injury. However, as per his information, the injured has already been discharged from the hospital. He next submits that the petitioner is a student having fair antecedent and if he would be sent behind the bar, his entire career would be jeopardized.
5. On the other hand, learned counsel for the State opposes the application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that no specific allegation has been levelled against the petitioner, coupled with the fact that the petitioner is a student with fair antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.35768 of 2023(2) dt.25-07-2023 3/3 each to the satisfaction of learned Sub Judge-VI-cum-A.C.J.M.- VI, Patna City, Patna in connection with Bypass P.S. Case No. 119 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further following conditions: (i) One of the bailors shall be the own/close family members of the petitioner.
(ii) The petitioner will not indulge in such type of crime in future and if he will indulge in intimidating the witnesses or tampering the evidence, the informant would be at liberty to file a proper application before the court below for cancellation of his bail bond(s).
(Harish Kumar, J) rohit/- U T