Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47690 of 2024 Arising Out of PS. Case No.-1112 Year-2023 Thana- BIHTA District- Patna ====================================================== Arun Kumar Son Of Ram Raj Prasad Village- Simri Nawada, P.S.- Bihta, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Usha Kumari Singh, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Bihta P.S. Case No. 1112 of 2023 dated 12.11.2023, instituted for the offence punishable under Sections 290, 452, 341, 323, 324, 307, 504, 379/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on the date of occurrence, the informant along with his family was inside the house. After hearing the sound of crackers, informant opened the gate and looked outside, then petitioner along with other coaccused persons entered into the house of the informant and started abusing him and assaulted with sharp cutting weapons on the head of the informant. It is further alleged that accused persons looted jewellery and two lakh cash kept in the house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.47690 of 2024(2) dt.07-08-2024 2/2 case. It is submitted that there is no specific allegation against the petitioner rather allegation is general and omnibus. The injury report reveals that nature of injury is simple. It is further submitted that both the parties have compromised outside the court. A joint compromise petition was filed before the learned A.C.J.M.-I, Danapur. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bihta P.S. Case No. 1112 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Danapur, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T