Anurag Kumar @ Kittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42854 of 2024 Arising Out of PS. Case No.-1152 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Anurag Kumar @ Kittu SON OF PRAMOD KUMAR RESIDENT OF ALAMGANJ CHOWKI, KEDAR NATH MATH, PS- ALAMGANJ, DISTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Kumar, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-07-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Alamganj P.S. Case no.1152 of 2023 registered for the offence punishable under sections 307, 379, 341, 323, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that as a result of earlier dispute between the gotias, the accused persons including the petitioner herein are said to have come variously armed and of having abused and assaulted the informant and the members of his family. Munna Kumar and Anurag Kumar are said to have assaulted with an iron rod on the informant's head as a result of which he sustained injuries.

Patna High Court CR. MISC. No.42854 of 2024(2) dt.20-07-2024 2/3 Thereafter it is stated that the accused went away giving threats.

4. Learned counsel for the petitioner submits that from the contents of the FIR itself, it would be evident that the accused and the informant sides are gotias and the false implication of the petitioner is on account of family dispute between the parties. The manner of occurrence is other than what has been narrated in the FIR. No medical report has been brought on record by the Investigating Officer to support the prosecution case. There is case and counter case between the parties and the petitioner has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the petitioner and the informant being gotias against whom there is land dispute from before and no medical report etc. having been brought on record by the Investigating Officer of the case as transpires from the order of the learned trial Court together with the nature of offence alleged, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in

Patna High Court CR. MISC. No.42854 of 2024(2) dt.20-07-2024 3/3 connection with Alamganj P.S. Case no.1152 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Patna City, District Patna, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Partha Sarthy, J) Saurabh/- U T