Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55087 of 2019 Arising Out of PS. Case No.-532 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== MITHUN KUMAR S/o Mahesh Mahto R/o village- Mile, P.S.- Bidupur, District- Vaishali at Hajipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-09-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bidupur Police Station Case No. 532 of 2018, disclosing offences under Sections 341/323/324/307/379/447/504/506/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner assaulted the informant by means of dab near his left eye.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as there is payment dispute between the parties with respect to the purchase of some articles from the grocery shop of the mother of the petitioner. He, referring to the injury report of the

Patna High Court CR. MISC. No.55087 of 2019(3) dt.05-09-2019 2/3 informant (Annexure-2), submits that the injuries caused to the informant are not serious in nature and caused by hard and blunt substance; whereas the allegation against the petitioner is to assault the informant by means of sharp cutting weapon. He, thus, submits that the injury report does not corroborate the allegation levelled against the petitioner in the First Information Report.

After having heard learned Counsel for the parties and taking into consideration the fact that there is previous dispute between the parties and the injuries caused to the informant are not serious in nature, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, Mithun Kumar, in the event of his arrest or surrender before the Court below within four weeks, 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 Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Bidupur Police Station Case No. 532 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall

Patna High Court CR. MISC. No.55087 of 2019(3) dt.05-09-2019 3/3 present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √