Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50529 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- GOVINDPUR District- Nawada ====================================================== Shankar Kumar Son of Gaya Yadav R/o village - Sauraha, P.S.- Gobindpur, District - Nawada, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shilpi Keshri, Adv.
For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2025 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 under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution case, on 15.09.2023 at about 9 AM, all the F.I.R. named accused persons including this petitioner came at the door of informant and started abusing him and on protest, this petitioner and co-accused Chandan Kumar attacked with iron rod, due to which, informant sustained head injuries and his right leg fractured. It is further alleged that when informant's daughter-in-law came to save him, co-accused Lila and Lali snatched gold Bali from her and thereafter, co-accused Sulekha Devi damaged the utensils and other articles by khanti and the petitioner also threatened the informant to kill.
Patna High Court CR. MISC. No.50529 of 2024(6) dt.08-01-2025 2/2
4. Learned counsel for the petitioner submits that allegation of assault is general and omnibus. There is delay in lodging the F.I.R. and no explanation has been given for delay. Learned counsel further submits that the injury, allegedly caused by petitioner, is simple in nature. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the nature of accusation and clean antecedent, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada in connection with Govindpur P.S. Case No. 206 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T