Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44385 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- KAKO District- Jehanabad ====================================================== 1.

NIRAJ KUMAR S/o Surendra Sharma R/o village- Imaliya, P.O. and P.S.- Kako (Bhelawar), District- Jehanabad.

2.

Niranjan Kumar S/o Surendra Sharma R/o village- Imaliya, P.O. and P.S.- Kako (Bhelawar), District- Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Niranjan Kumar S/o Surendra Sharma R/o village- Imaliya, P.O. and P.S.- Kako (Bhelawar), District- Jehanabad.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-09-2022 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application in respect of petitioner no.1, Niraj Kumar as he has already been apprehended by the police during pendency of this application. Permission is granted.

Accordingly, this anticipatory bail application is dismissed as withdrawn so far as petitioner no.1, Niraj Kumar is concerned.

Now, this anticipatory bail application survives only against petitioner no.2, namely, Niranjan Kumar. Heard both sides.

Patna High Court CR. MISC. No.44385 of 2022(2) dt.28-09-2022 2/3 Petitioner No.2, Niranjan Kumar apprehends his arrest in connection with Kako (Bhelawar) P.S. Case No.43 of 2022, registered for the offences punishable under Sections 341, 323, 307, 354, 379 and 34 of the Indian Penal Code. Petitioner No.2, Niranjan Kumar is said to have assaulted the informant by means of iron rod on her head and temple due to which the informant became unconscious and fell down on the ground.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the informant sustained three injuries on her nose, ear and forehead and injuries are simple in nature. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner no.2, namely, Niranjan Kumar in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.44385 of 2022(2) dt.28-09-2022 3/3 satisfaction of learned C.J.M., Jehanabad in connection with Kako (Bhelawar) P.S. Case No.43 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T