Abhijeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56227 of 2021 Arising Out of PS. Case No.-97 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== ABHIJEET KUMAR S/o Munshi Ray, R/o village- Etwarpur Sisaul, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Lalganj P.S. Case No. 97 of 2021 registered for offence punishable under sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

As per allegation made in the FIR, co-accused Sachin Kumar inflicted repeated knife blows on the person of the informant's son, Manoj Kumar. The allegation against the present petitioner is that he handed over the knife to the co-accused Sachin Kumar.

The learned counsel for the petitioner has submitted that petitioner is not the assailant, rather co-accused Sachin Kumar is the assailant. He has submitted further that the petitioner is not the

Patna High Court CR. MISC. No.56227 of 2021(2) dt.28-06-2022 2/2 resident of the vicinity. He has also submitted that there is allegation of inflicting repeated knife blows, but only one injury has been found on the person of Manoj Kumar. The petitioner is a person of clean antecedent.

Considering the facts and circumstances that the allegation of inflicting knife blows is against co-accused Sachin Kumar and not against the present petitioner and also considering the fact that the petitioner is a person of clean antecedent, let him above-named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 97 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T