Sharavan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59543 of 2024 Arising Out of PS. Case No.-433 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== Sharavan Kumar, Son of Satyendra Paswan, Village- Patel Nagar, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-09-2024 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Daudnagar P.S. Case No. 433 of 2021, registered for the offences punishable under Sections 341, 447, 323, 324, 308, 354(B), 342, 504 and 34 of the Indian Penal Code.

3. Allegedly all the accused persons including the petitioner barged into the house of the informant and started abusing and assaulting him and his family members. It is also alleged that the petitioner alongwith co-accused Anil Kumar assaulted the informant and others, due to which the brother of the informant has sustained injury over his left eye.

4. Learned counsel for the petitioner submits that so

Patna High Court CR. MISC. No.59543 of 2024(2) dt.13-09-2024 2/3 far the injury as sustained to the brother of the informant is concerned, which is allegedly attributed to the petitioner, that has been found to be simple in nature. The co-accused person having similar allegation has been allowed the privilege of anticipatory bail in Cr. Misc. No. 49702 of 2024 vide order dated 20.07.2024. It is further contended that with regard to an occurrence which took place on 27.07.2021 the present FIR has been instituted on 30.07.2021 and, as such, the false implication of the petitioner cannot be ruled out. It is lastly contended that the petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the petitioner has caused serious injury to the brother of the informant and others.

6. Regard being had to the submissions made on behalf of the parties and considering the delay in lodging of the FIR and the simple nature of injury, coupled with the fair antecedent, let the petitioner above named be released on bail, 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, upon furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.59543 of 2024(2) dt.13-09-2024 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate in connection with Daudnagar P.S. Case No. 433 of 2021, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) supratim/- U T