Ajit Kumar @ Ajit Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59566 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- GAIGHAT District- Muzaffarpur ====================================================== Ajit Kumar @ Ajit Rai Son of Gultan @ Gulten Rai R/o Village- Gausnagar, P.S.- Gaighat, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-09-2024 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 323, 324, 341, 307, 379, 504 and 506 of the Indian Penal Code. 3.
The learned counsel for the petitioners submits that petitioner is a person with clean antecedent and the informant alleges that on 12-2-2024, his daughter was throwing water on the road from the utensils of the cow, when petitioner came on a motorcycle and started abusing her, when informant protested, petitioner took out a pistol and assaulted him by the butt of the pistol causing injury on his left hand, thereafter, the petitioner along with other named accused alleged to have assaulted the family members of the informant by lathi and iron rod, on
Patna High Court CR. MISC. No.59566 of 2024(2) dt.18-09-2024 2/3 account of which two brothers of the informant got injured and they also snatched golden chain and thereafter the injured were taken to Gaighat Hospital from where they were referred to SKMCH Muzaffarpur.
4.
The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from side of the petitioner also, Gaighat PS Case No. 42 of 2024 was instituted against the side of the informant and others. It is next submitted that the instant FIR is a counterblast to Gaighat PS Case No. 42 of 2024. It is next submitted that even presuming what has been alleged is true without admitting then the petitioner is alleged to have assaulted the informant by butt of the pistol causing injury on hand and as far as allegation of assaulting the family members of the informant is alleged, the same in general and omnibus in nature. It is also submitted allegation of snatching valuable is ornamental.
5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court
Patna High Court CR. MISC. No.59566 of 2024(2) dt.18-09-2024 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gaighat P.S. Case No. 45 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7.
However, the learned trial court before accepting the bail bonds of the petitioner shall verify the injury report of the informant and in the event if it is found that the injury suffered by the informant is grievous in nature, in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) SUMIT/- U T