Mukund Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50047 of 2023 Arising Out of PS. Case No.-599 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== Mukund Kumar Son Of Mohan Murari Village Radhaur, P.S. Sursand, Distt. Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar For the Opposite Party/s :
Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 447, 323, 324, 307, 325, 354B, 379, 504 and 506/34 of the Indian Penal Code pending in the learned court below.
3. As per the prosecution case, there is allegation against the petitioner that he has assaulted on the nose of the informant by means of knife blow.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the occurrence took place on 01.11.2022 but the FIR lodged on 16.11.2022. He submits that there is delay of 15 days in filing of the present FIR and there is no any explanation of it which creates serious doubt about
Patna High Court CR. MISC. No.50047 of 2023(3) dt.12-09-2023 2/2 prosecution case. He further submits that though the injury was found grievous in nature but the doctor found that the injury caused by hard and blunt substance, as not supported by the doctor. He further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes for prayer for bail.
6. Considering the aforesaid facts and circumstances and the fact that there is delay in filing of the present FIR, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Sursand P.S. Case No.599/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T