Abhisek Kumar @ Abhisekh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12295 of 2021 Arising Out of PS. Case No.-97 Year-2020 Thana- JANKINAGAR District- Purnia ====================================================== ABHISEK KUMAR @ ABHISEKH KUMAR Son of Lalo Chand @ Lalo Chandh Resident of Village- Berarahi, P.S.- Janki Nagar, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under sections 447, 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

As per prosecution case, this petitioner along with two other accused armed with sharp cutting weapons assaulted the victim as a result of which he received multiple injuries. It is submitted on behalf of the petitioner that there is general and omnibus allegation so far as this petitioner is concerned. Specific allegation of assault by Farsa is against co-accused Lalo Chand on the leg of the victim.

As per injury report, injury nos. 2 and 3 are grievous in nature and injury no. 1 is simple in nature.

Patna High Court CR. MISC. No.12295 of 2021(2) dt.29-06-2021 2/2 Admittedly, petitioner is full brother of the informant and due to land dispute between the parties, present occurrence took place. Petitioner claims clean antecedent and is in custody since 08.08.2020.

Considering the general and omnibus allegation of assault against the petitioner, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in Jankinagar P.S. Case no. 97/2020 on the following conditions.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T