Shubham Kumar @ Shubham Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56766 of 2024 Arising Out of PS. Case No.-114 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Shubham Kumar @ Shubham Kumar Singh son of Chunnu Singh Village PoMasarh Ps- Udwant Nagar Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rana Baljit Singh For the Opposite Party/s :
Mr.Binod Kumar For the informant :
Mr. Shashi Bhushan Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Udwantnagar Police Station Case No. 114 of 2024, dated 19.03.2024, disclosing offences punishable under Sections 341/323/307/347/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that while the informant was walking down towards his home after alighting from the train, he was accosted by four persons, including the petitioner, who assaulted the informant with lathi, iron-rod etc.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and the
Patna High Court CR. MISC. No.56766 of 2024(2) dt.04-09-2024 2/3 injury caused to the informant is not serious in nature as would be evident from the impugned order. No case of Section 307 of the Indian Penal Code is made out.
5. Learned counsel for the informant opposes the prayer for bail and submits that the informant was assaulted by four persons and he sustained blunt cut injury on the right side of head and multiple small cut wounds at occipital area of skull. He further submits that though the injuries are simple in nature, he was assaulted brutally by the petitioner and others without any reason.
6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that the allegation against the petitioner is general and omnibus in nature and he is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.56766 of 2024(2) dt.04-09-2024 3/3 Chief Judicial Magistrate, Bhojpur, at Ara, in connection with Udwantnagar Police Station Case No. 114 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √