Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43611 of 2022 Arising Out of PS. Case No.-323 Year-2021 Thana- KAUWAKOL District- Nawada ====================================================== Sandeep Kumar S/o Phuldeo Yadav R/o village- Rampur Balua, P.S.- Kawakole, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikas Mohan, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Kauwakol P.S. Case No. 323 of 2021 registered for the offences punishable under Sections 341, 323, 308, 504 and 506/34 of the Indian Penal Code.

As per the prosecution, the informant was assaulted by this petitioner by means of Lathi at his head due to a verbal altercation and also threatened to kill him.

The main submissions advanced by learned counsel Mr. Vikas Mohan, appearing for the petitioner are that the petitioner is alleged to have assaulted the informant by means of lathi and

Patna High Court CR. MISC. No.43611 of 2022(2) dt.24-11-2022 2/2 the injury report of the informant has been filed as Annexure-6 which shows only one injury on his body and the same has been opined to be simple in nature and three co-accused persons have been granted anticipatory bail by the Court below and the petitioner has been languishing in jail since 29.05.2022 having clean antecedent.

Learned APP Mr. Ganesh Prasad Singh, appearing for the State has opposed the prayer for bail.

In view of above submissions and considering the petitioner's clean antecedent and his custody period and also the fact that the injured person who is stated to have been assaulted by this petitioner sustained only one injury and the same has been opined to be simple in nature as per the Annexure-6, in the opinion of this Court the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Kauwakol P.S. Case No. 323 of 2021.

(Shailendra Singh, J.) maynaz/- U T