Bhim Kumar @ Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.320 of 2021 Arising Out of PS. Case No.-122 Year-2020 Thana- BHANGWANPUR HAT DistrictSiwan ============================================== BHIM KUMAR @ SUDHANSHU KUMAR son of Surendra Yadav Resident of Village- Bhedawaliya, P.S.- Bhagwanpur Hat, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr. Anand Kishore Chaudhary ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-06-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bhagwanpur Hat P.S. Case No. 122 of 2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code. According to the prosecution case, the accused persons including the petitioner assaulted the members of the prosecution party for playing cricket in a field even when they were stopped from doing so. The petitioner is said to

Patna High Court CR. MISC. No.320 of 2021(2) dt.23-06-2021 2/3 have assaulted Mohan Kumar by means of a spade leading to grievous injury on his person.

Learned counsel for the petitioner has submitted that there is counter version of the occurrence and the prosecution side are guilty of harassing the women of the house of the accused persons of the present F.I.R. It has also been submitted that accused persons of the counter case have been released on bail and that the petitioner is a student who has been made accused in this case only with bad motive.

However, regard being had to the fact that the petitioner is said to have caused grievous injury on the victim, I am not inclined to grant anticipatory bail to him. The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the Court below and seeks bail, the court below shall take into account that the occurrence arose out of a small dispute over playing the cricket on a filed and that the petitioner is a young person with no criminal antecedent and shall pass order in accordance with law, without being prejudiced by

Patna High Court CR. MISC. No.320 of 2021(2) dt.23-06-2021 3/3 the fact that the present petition for grant of anticipatory bail has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T