Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52044 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- AZIMABAD District- Bhojpur ====================================================== Umesh Kumar S/O Ram Niwas Chaudhary R/O Village- Mehandaura, P.SAzimabad, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priya, Adv For the Opposite Party/s :

Ms.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-10-2024 1.

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

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is in custody since 4-4-2024 and the informant alleges that on 22-3-2024 at 8 p.m., a dispute relating to ferrying of boat took place when the petitioner assaulted him by knife causing injury on left side of his abdomen.

4.

The learned counsel next fairly submits that the injury is opined to be grievous but then submits that from perusal of the FIR, it would manifest that the date of occurrence

Patna High Court CR. MISC. No.52044 of 2024(3) dt.25-10-2024 2/2 is 22-3-2024 and the FIR came to be instituted on 3-4-2024, i.e., after a delay of more than 12 days. It is further submitted that had the petitioner been assaulted in the manner as alleged in the FIR then definitely the hospital would have informed the police about the offence and the fardbayan of the injured would have been recorded at the hospital but then the same was not done as the FIR came to be instituted based on a written application of the informant, which cast an aspersion on the case of the prosecution.

5.

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

6.

Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Azimabad P.S. Case No. 33 of 2024.

(Satyavrat Verma, J) SUMIT/- U T