Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5577 of 2021 Arising Out of PS. Case No.-403 Year-2020 Thana- KORHA District- Katihar ====================================================== Golu Kumar S/O Mahanand Thakur Resident of Village - Kordha Nahar, P.S. - Kordha, District - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Shankar Prasad Singh For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307, 379, 341, 323, 504, 506, 34 of the Indian Penal Code.

It is alleged in the F.I.R that the petitioner

Patna High Court CR. MISC. No.5577 of 2021(2) dt.29-11-2021 2/3 along with two others assaulted the son of the informant on his head by a sharp cut weapon, as a result of which he fell on the ground and became unconscious. He was thereafter, admitted in the hospital. All the accused are alleged to have in a drunken condition.

It is submitted by learned counsel for the petitioner that there is general and omnibus allegation against the petitioner. The injured in his statement has stated that accused Gaurav Jha assaulted him by butt of pistol and this petitioner assaulted him with fists and legs but the doctor has not found any other injury of assault over his body which itself goes to show that injured gave a contradictory statement. Moreover, for the alleged occurrence of 23.08.2020, the F.I.R has been registered on 30.08.2020. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or

Patna High Court CR. MISC. No.5577 of 2021(2) dt.29-11-2021 3/3 surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Kordha P.S. Case No. 403 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T