Saurav Kumar @ Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67737 of 2021 Arising Out of PS. Case No.-124 Year-2021 Thana- KONCH District- Gaya ====================================================== Saurav Kumar @ Guddu Kumar S/o Sakal Dev Yadav R/o village- Itwa, P.S.- Konch, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha For the Opposite Party/s :
Ms.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in Konch P.S. Case No. 124 of 2021, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.
On 29.03.2021 at 10.30 in the day while the informant was sitting at his door all the accused persons including this petitioner armed with lathi, Garasa, brick, stones came and assaulted the informant, his father, Bhabhi, uncle and his cousin due to which they sustained injury.
It is submitted that there is general and omnibus allegation. Petitioner is not the assailant of deceased. On a petty issue dispute arose between the parties followed by free fight in
Patna High Court CR. MISC. No.67737 of 2021(2) dt.18-07-2022 2/2 which both sides sustained injuries. The doctor has found the injuries sustained by the injured to be simple in nature. Petitioner claims clean antecedent.
Counsel for informant however, vehemently opposed the prayer for bail and submitted that petitioner is named in the FIR and also participated in the alleged occurrence as a result of which one Dharmendra Kumar died during course of treatment. Considering the facts aforesaid and the fact that petitioner is not the assailant of deceased and nature of injury, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 learned Judicial Magistrate Ist Class, Gaya in connection with Konch P.S. Case No. 124 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T