Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20484 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -JAHANABAD District- JEHANABAD ====================================================== Deepak Kumar Son of Sunil Kumar @ Sunil Yadav, Resident of MohallaGaurakshni, Police Station + District- Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash, Advocate Mr. Neeraj Kumar @ Sanidh, Advocate For the Opposite Party : Mr. Umesh Lal Verma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Jehanabad P.S. Case No. 79 of 2016 registered for the offences punishable under Sections 341,323,324,307,336,337,379 and 504/34 of the Indian Penal Code and 27 of the Arms Act. Case diary was called for, which has since been received.

Learned counsel for the petitioner submits that though at the outset, in the first information report the petitioner has been named as one of the main accused, who has attacked the said Manoj Kumar Mishra, father of the informant but in his subsequent statement, it has come on record that it was actually

Patna High Court Cr.Misc. No.20484 of 2016 (3) dt.08-08-2016 2/2 Prince Kumar, who had assaulted. So far as the present petitioner i.e. Deepak Kumar is concerned, he is not said to have attacked on the injured person.

Learned counsel appearing on behalf of the State, after perusal of the case diary submits that during investigation, the Investigating Officer has also made statement that the injured Manoj Kumar Mishara was taking treatment in a private nursing home at Patna, namely, Metro Hospital, Kankarbagh. The injured himself stated that he is not sure as to who had attacked, as it was a dark night.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 79 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J.) ravi/- U T