Adarsh Kumar @ Adarash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41245 of 2024 Arising Out of PS. Case No.-318 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Adarsh Kumar @ Adarash Kumar Son of Anil Kumar Ray Resident of Village - Rampur Bishun, Ward No.- 13, Police Station - Warisnagar, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Warisnagar P.S. Case No. 318 of 2023 instituted under Sections 341, 323, 324, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and other accused persons came at the house of the informant and started abusing and assaulting him with fists, slaps and kicks and they

Patna High Court CR. MISC. No.41245 of 2024(2) dt.03-07-2024 2/3 started to search his mother and told her to withdraw the case. It is further alleged that the petitioner inflicted the khanti upon the head of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the informant and the petitioner are next-door neighbour and due to dispute between the parties, some altercation took place and both the parties received injuries. He also submits that the injury received by the informant is simple in nature. There is case and counter case between the parties. He further submits that petitioner has one criminal antecedent and he undertakes to cooperate in the trial and investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st Class,

Patna High Court CR. MISC. No.41245 of 2024(2) dt.03-07-2024 3/3 Samastipur or Concerned Trial Court in connection with Warisnagar P.S. Case No. 318 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T