Lav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 54129 of 2024 Arising Out of PS. Case No.-980 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== Lav Kumar S/o Uma Nath Paswan @ Om Nath Paswan R/o Chhoti Pahari, Rasida Chak, PS Agamkuan Dist Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Digamber Kumar For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 120(B) of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a young boy aged 18 years and the informant alleges that his son along with his friends including the petitioner went to celebrate his birthday, further on account of fight in between Ajit and his son, Ajit stabbed him, causing injury on his stomach, leading to his death.

4. The learned counsel for the petitioner fairly submits that the petitioner along with Ajit and other friends had

Patna High Court CR. MISC. No. 54129 of 2024(2) dt.29-08-2024 2/3 accompanied the son of the informant for celebrating his birthday but then petitioner was not aware that Ajit was carrying a knife. It is also submitted that from the F.I.R. itself it would manifest that the thrust of the allegation is against Ajit against whom it is alleged that on account of a fight in between Ajit and the son of the informant, Ajit stabbed causing injury, leading to the death of the son of the informant. The learned counsel next submits that merely because the petitioner was also present at the place of occurrence, as such, he has been implicated but then no overt act has been alleged. It is next submitted that petitioner is a young boy and in the event if he is sent to judicial custody, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminals.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where

Patna High Court CR. MISC. No. 54129 of 2024(2) dt.29-08-2024 3/3 the case is pending/successor court in connection with Agamkuan P.S. Case No.980/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Further, one of the bailors of the petitioner shall be his father, namely, Uma Nath Paswan @ Om Nath Paswan. (Satyavrat Verma, J) amit/- U T