Krishan Kumar @ Krishana Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50022 of 2022 Arising Out of PS. Case No.-188 Year-2017 Thana- BIBHUTIPUR District- Samastipur ====================================================== KRISHAN KUMAR @ KRISHANA KUMAR SINGH S/O LATE JANARDHAN PRASAD SINGH Resident of Village- Pateliya Diyanatpur, Vibhutipur, P.S.- Vibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kiran Kumari Sharma, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-01-2023 Heard Ms. Kiran Kumari Sharma, learned counsel for the petitioner and the State.

The petitioner is apprehending arrest in connection with Vibhutipur P.S. Case No. 188 of 2017 instituted under Sections 341, 323, 307, 504 and 506 of the Indian Penal Code. As per the FIR, the allegation against the petitioner is that he assaulted the informant's father in intoxicating state causing injury on his head.

Learned counsel for the petitioner submits that both the petitioner and the informant are family members and they had some dispute which resulted into unfortunate incident and for which without accepting the allegation, the petitioner's side would like to give medical assistance of Rs. 50,000/- to the injured through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the injured after checking

Patna High Court CR. MISC. No.50022 of 2022(2) dt.10-01-2023 2/2 the credentials.

The last submission is that he do not have any criminal antecedent.

The learned APP on the other hand submits that there is injury on the side of the informant and in that background, he does not deserve bail.

Taking into account the aforesaid fact that the petitioner is an aged person, he do not have any criminal antecedent and ultimately he has to face the trial, this Court is inclined to grant him relief subject to the payment of Rs. 50,000/- as undertaken above.

Let the petitioner be released on bail, in the event of his arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Division Judicial Magistrate, Rosera, Samastipur, in connection with Vibhutipur P.S. Case No. 188 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/- U T