Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49232 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- KURTHA District- Jehanabad ====================================================== Akhilesh Kumar Son Of Surajdeo Singh Resident Of Village - Nadaura, P.S. - Kurtha, Distt. - Arwal ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2023 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 323, 341, 307, 379, 354, 504 & 34 of the Indian Penal Code.

3. As per the prosecution, the allegation is that when informant was cooking food in the morning then, the accused persons reached there and started abusing to her husband. The allegation against the petitioner is that he has attacked by kudal on the head of the informant, due to which bleeding started.

4. Counsel for the petitioner submits that the petitioner and the informant both belongs to same village and well-known to each other.

5. Counsel further submits that the old pending land disputes are going on between them for which Title Suit No. 12 of 2012 is pending before the court of learned Munsif, Jehanabad.

6. Counsel further submits that for the same date and

Patna High Court CR. MISC. No.49232 of 2023(2) dt.11-08-2023 2/2 place of occurrence, there are two criminal cases filed. The first case is the present one i.e. Kurtha P.S. Case No. 113 of 2023 in which the petitioner is seeking bail and the another case is Kurtha P.S. Case No. 114 of 2023. Counsel submits that Annexure-3 is the injury report of the informant. From the report, it transpires that all injuries are simple in nature by hard and blunt substance.

7. Counsel submits that antecedent of the petitioner is clean.

8. Learned APP for the State opposes the prayer for bail.

9. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with Kurtha P.S. Case No.113 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) prakashmani/- U T