Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1441 of 2021 Arising Out of PS. Case No.-124 Year-2019 Thana- DARBHANGA District- Darbhanga ====================================================== Gautam kumar S/O HARI NARIAN SAH Resident Of Mohalla- Mufti Darbhanga, P.S. - Town Darbhanga, District - Darbhanga. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Dheeraj Kumar, Adv.
For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-12-2021 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 as well as the learned APP for the State.
The petitioner apprehends his arrest in connection with Darbhanga (Town) P.S. Case No. 124 of 2019 registered for the offences punishable under Sections 323, 324, 307, 341, 354, 379, 504/34 of the Indian Penal Code.
The informant, Anita Devi made allegation that when she was raising wall on her land, her bhaisur Hari Narain Shah and his two sons Govind Kumar and Gautam Kumar came there and they asked her to stop the construction. On protest, the
Patna High Court CR. MISC. No.1441 of 2021(3) dt.13-12-2021 2/3 petitioner inflicted dagger blow on the head of the son of the informant Ravi Kumar.
Learned counsel for the petitioner has submitted that the allegation against the petitioner is of inflicting dagger blow on the head of the informant's son Ravi Kumar whose injury report has been annexed in page No. 13 of the case diary which shows that Ravi Kumar sustained simple injury caused by hard and blunt object. Learned counsel for the petitioner has further submitted that there is also a counter case for the same occurrence and members of the petitioner's side has also sustained injuries. It is further submitted that on similar ground co-accused Govind Kumar has been granted anticipatory bail by learned coordinate Bench of this Court in Cr. Misc. No. 39262 of 2020 vide order dated 16.11.2021.
Considering the above-mentioned facts and circumstances, let the petitioner be released on bail in the event of their arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Darbhanga in connection with Darbhanga (Town) P.S. Case No. 124 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Patna High Court CR. MISC. No.1441 of 2021(3) dt.13-12-2021 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J) SONALI/- U T