Laxman Kumar @ Laxman Kant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35346 of 2020 Arising Out of PS. Case No.-612 Year-2019 Thana- MAHUA District- Vaishali ====================================================== LAXMAN KUMAR @ LAXMAN KANT KUMAR Son of Ramadhar Ray Resident of Village- and P.O.- Mirza Nagar, P.S.- Mahua, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Prakritita Sharma For the Opposite Party/s :
Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-03-2021 Heard both sides.
The petitioner apprehends his arrest in Mahua P.S. case No. 612/2019 registered under Section 147, 149, 447, 342, 341, 323, 324, 307, 337, 380, 354, 506 of the IPC and u/s 3⁄4 of Explosive Substance Act.
The informant, Kundan Kumar, alleged that while he was sitting at his door along with his family members and friends, on the order of Laldev Rai, Shambu Rai assaulted the informant with Axe. The blow hit on the hand of the informant. Pintu Kumar and Anil Kumar assaulted Kaushal Kumar with fists and slaps. The accused persons are alleged to have assaulted the family members of the informant. Laxman Kumar, the petitioner, is alleged to have snatched chain made of gold worth Rs. 80,000/- from the neck of Puja Kumari, sister of the
Patna High Court CR. MISC. No.35346 of 2020(2) dt.19-03-2021 2/3 informant.
The learned counsel for the petitioner submits that petitioner and other accused persons are neighbours of Madan Rai. Sangeeta Kumari, daughter of Madan Rai, lodged Mahua P.S. case No. 613/2019 against Kundan Kumar and others for kidnapping of victim. The petitioner and others saved the victim from being outraged and kidnapped that is why the informant lodged this case. It is further submitted that Pintu Kumar and Sunil Kumar have already been granted anticipatory bail by a coordinate Bench of this court vide order dated 03.12.2020 passed in Cr. Misc. No. 22578 of 2020.
It appears that allegation against the petitioner is that he snatched a chain made of gold from the neck of Puja Kumari and it also appears that on the same day daughter of Madan Rai lodged Mahua P.S. case No. 613/2019 in which the informant of the present case is also an accused.
Taking into consideration the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.35346 of 2020(2) dt.19-03-2021 3/3 (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. case No. 612/2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T