Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73678 of 2018 Arising Out of PS. Case No.-490 Year-2018 Thana- BIHTA District- Patna ====================================================== Navin Kumar, Son of Ajay Singh, Resident of Village- Rajpur, P.S. Bihta, District Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 34 of the Indian Penal Code.

The prosecution is that the petitioner and co-accused Rohit Singh caught hold the neck of the informant from back when co-accused Mukul Singh assaulted with dagger on the head of the informant causing bleeding injury. It is further alleged that other accused persons assaulted the informant with iron rod. It is submitted by learned counsel for the petitioner that specific accusation of causing bleeding injury of dagger is against the co-accused Mukul Singh and even assuming the accusation to be true no offence under Sections 307 and 379 of

Patna High Court Cr.Misc. No.73678 of 2018(2) dt.09-01-2019 2/2 the I.P.C. is made out against the petitoner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that it is alleged against the petitioner to having caught hold of the neck of the informant from back when he was assaulted by the coaccused, Mukul Singh. Considering the fact that the thrust of accusation is against the co-accused, Mukul Singh, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-1, Danapur, in connection with Bihta P.S. Case No.490 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Deepak/Ajeet/- (Dinesh Kumar Singh, J) U T