Biru Kumar @ Shashi Kant Kumar @ Sasi Kant Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52639 of 2023 Arising Out of PS. Case No.-774 Year-2022 Thana- HILSA District- Nalanda ====================================================== BIRU KUMAR @ SHASHI KANT KUMAR @ SASI KANT SINHA S/O ARUN SINGH R/O BARADIH, P.S- HILSA, DISTT.- NALANDA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard Mr. Rajeev Kumar, learned counsel appearing on behalf of the petitioner and Mr. Jitendra Kumar Singh, learned A.P.P. for the State.

2. The petitioner apprehend his arrest in connection with Hilsa P.S. Case No. 774 of 2022, dated 09.11.2022, registered under Sections 342, 341, 326, 307/34 of the Indian Penal Code.

3. As per allegation made in the F.I.R., the family members of the petitioner have overpowered the informant and have assaulted with sharp edge weapon.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner and informant have own gotia. As per injury report, the injuries are simple in nature. The petitioner has clean antecedent.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.52639 of 2023(2) dt.19-08-2023 2/2 opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made in the F.I.R. as well as the fact that injury sustained by the informant is simple in nature and has been caused by two co-accused persons, no specific allegation has been made that it is the petitioner who has caused sharp cut injury to the informant, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 774 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The Court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph no. 3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) pravinkumar/- U T