Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54653 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- ALIPUR District- Gaya ====================================================== Bittu Kumar, S/O Sanjay Kumar Singh @ Sanjay Singh, Resident of VillageDihura, P.S.- Alipur, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Mukul Kumari, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 308, 452, 354, 427, 506 and 504 read with Section 34 of the Indian Penal Code.

The allegation against the petitioner is that he assaulted on the head of the informant with lathi causing head injury. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case due to previous enmity. There is general and omnibus allegation

Patna High Court CR. MISC. No.54653 of 2022(2) dt.19-01-2023 2/2 against the petitioner. He has further submitted that the injury of injured is simple in nature caused by hard and blunt substance. The petitioner has got clean antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner and submitting that the injury of the informant is on vital part of the body.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Alipur P.S. Case No. 27 of 2022, G.R. No. 1362 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T