Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60991 of 2021 Arising Out of PS. Case No.-163 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== Abhishek Kumar Son of Suresh Singh Resident of Village - Gayaspur, P.S. - Paroo, District - Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-06-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks anticipatory bail in connection with paroo P.S. Case No. 163 of 2021, registered for the offences under Sections 341, 323, 325, 379, 504, 506/34 of the Indian Penal Code and later added Section 307 IPC.

Learned counsel for the petitioner submits that as per the prosecution allegation, two persons are said to have been assaulted by the petitioner amongest them one injured named Manoj singh sustained simple injury and other injured named Sonu Kumar sustained two injuries one has been found simple and second has

Patna High Court CR. MISC. No.60991 of 2021(2) dt.07-06-2022 2/2 been opined grievous in nature but the same has been found at non vital part and the nature of the injuries of the said injured persons does not attract the section 307 IPC against this petitioner. Learned APP has vehemently opposed the prayer for anticipatory bail of the petitioner.

Heard both sides and perused the FIR and injury report annexed to the bail petition. A serious and specific allegation appears against the petitioner and as per prosecution story the petitioner and co-accused persons firstly surrounded the informant and then started assaulting the informant and thereafter, the cousin brother of the informant intervened to save the informant, who was also assaulted by this petitioner by means of sword. Having considered these facts and specific allegation appearing against this petitioner and the nature of injury of the injured named Manoj Singh who sustained a lacerated wound being in the size of 2''x 4'' on middle scalp and the case is under investigation, this application for anticipatory bail is dismissed.

(Shailendra Singh, J) siddharthkr/- U T