Aryan Raj @ Deepak Kumar @ Deepak Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42969 of 2024 Arising Out of PS. Case No.-317 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== Aryan Raj @ Deepak Kumar @ Deepak Yadav, Son Of Surendra Yadav Resident Of Pant Nagar, P.S. - Vishnupad, District - Gaya ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-08-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 427 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he was going to his friend's house on 21.11.2023, when he was intercepted by the accused persons including the petitioner, who were variously armed and assaulted him and Mukesh Kumar fired six rounds in the air and also damaged his vehicle. Further, the accused had come with an offer of Rs.11 Lacs to compromise the murder case of his brother, but on refusal, the occurrence took place in which
Patna High Court CR. MISC. No.42969 of 2024(3) dt.27-08-2024 2/3 petitioner assaulted by an iron rod causing injury on his left hand.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is also submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that petitioner assaulted him by an iron rod causing injury on his left hand, but then, submits placing reliance of Para-14 of the case diary that the same records that the injured got himself treated at a private hospital and does not have any injury report. It is also submitted that since a dispute is going in between both the sides, as such, the instant false case came to be instituted by the informant. It is also submitted that why the petitioner would have gone to meet the informant asking him to compromise the murder case of his brother. It is also submitted that there is no injury report on record.
5. Learned A.P.P. opposes the anticipatory bail application, but then, is not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner with respect to Para-14 of the case diary.
6. The the learned counsel appearing on behalf of the petitioner, at this stage, submits that the petitioner is a young
Patna High Court CR. MISC. No.42969 of 2024(3) dt.27-08-2024 3/3 boy aged about 19 years and is a student, in the event, if he is sent to custody in the nature of allegation as alleged in the F.I.R., in that event, his entire career would be jeopardized and chances are bright that he may come in contact with hardened criminals.
7. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya in connection with Vishnupad P. S. Case No.317 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T