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Patna High CourtCR. MISC./54981/2019bail granted

Priyanshu Kumar v. The State Of Bihar

2019-08-30Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54981 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== Priyanshu Kumar, Son of Amarjit Rai @ Amarjit Singh Resident of VillageKadamkuan, Park Road, P.S.- Kadamkuan, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Kadamkuan P.S. Case No.67 of 2019 for the offence punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

The allegation against the petitioner as per the First Information Report is that on 24.01.2019 at about 3:00 P.M. while brother of the informant was going to school to bring his younger brother, the petitioner and others assaulted him and abused him. It has further been alleged that again after some time, the petitioner and others came and assaulted the son of the informant and one Ajit Kumar assaulted with dagger causing

Patna High Court CR. MISC. No.54981 of 2019(2) dt.30-08-2019 2/3 several injury to the son of the informant.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case based upon a concocted story. Learned counsel further submits that from perusal of First Information Report, it is evident that the allegation of assault upon Ajit Kumar by means of knife. Learned counsel further submits that no serious injury has been caused inasmuch as from perusal of injury report, it is evident that injury caused to son of the informant has been found to be simple in nature.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that there is no specific allegation of assault against the petitioner and further injury caused to the son of the informant is simple in nature, as such, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.54981 of 2019(2) dt.30-08-2019 3/3 Addl. Chief Judicial Magistrate, Patna, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T