Gajadhar Kumar @ Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41422 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== Gajadhar Kumar @ Vivek Kumar Son of Bhim Yadav Resident of Village - Dadhisir, Police Station - Bannu Bagicha, District - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad, Adv For the Opposite Party/s :
Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bannubagicha P.S. Case No. 12 of 2024 lodged on 03.03.2024 under Section 147/149/341/323/324/325/307 and 504 of the Indian Penal Code.
3. As per the prosecution case, F.I.R. has been lodged against 12 named accused persons including the present petitioner with allegation that the petitioner along with other accused persons have surrounded the house of the informant and assaulted one Pankaj Kumar on Head by rod, snatched gold jewellery and fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.41422 of 2024(2) dt.30-05-2024 2/3 also submits that petitioner and the informant are residents of the same village and they are well known to each other. He submits that injury of the Pankaj Kumar is simple in nature whose injury report is annexed as annexure-2. Counsel further submits that this the present case namely Bannubagicha P.S. Case No. 12 of 2024 has been filed by the informant with a view to save their skin from Bannubagicha P.S. Case No. 01 of 2024 which has been filed by the petitioner against the informant in which the Pankaj Kumar who is accused for firing gun shot upon the petitioner's family. He further submits that criminal antecedent of the petitioner is clean and the petitioner is in custody since 05.04.2024.
5. Learned APP for the State opposes the prayer for bail and submits that there is allegation against the present petitioner that he has assaulted the present petitioner and due to which Pankaj Kumar was injured.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Learned C.J.M. Lakhisarai in connection with Bannubagicha P.S. Case No. 12 of 2024 subject to the condition
Patna High Court CR. MISC. No.41422 of 2024(2) dt.30-05-2024 3/3 laid down under Section 437(3) of the Cr.P.C (Dr. Anshuman, J) Sunnykr/- U