Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64185 of 2024 Arising Out of PS. Case No.-240 Year-2024 Thana- HUSSAINGANJ District- Siwan ====================================================== Anuj Kumar S/o- Tufani Bhagat Resident of Chhapiya Bujurg P.SHussainganj, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad, Adv.

For the Opposite Party/s :

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-12-2024 Heard Mr. Naresh Prasad, learned counsel for the petitioner and Mrs. Nirmala Kumari, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Hussainganj P.S. Case No. 240/ 2024 dated 26.06.2024 registered for the offence(s) punishable under Section(s) 341, 323, 324, 307, 379, 504 read with section 34 of the IPC.

3. The main submissions advanced by learned counsel for the petitioner are that admittedly there was a dispute of passage in between both the parties at the relevant time of the alleged occurrence and a proceeding under section 144 of the Cr.P.C. had also run owing to the said dispute but the allegation levelled against this petitioner as to having assaulted the informant by means of knife is completely false and the same has been falsified by the medical opinion given in respect of the injuries found on the person of the informant. It is further submitted that on the person of the informant three lacerated wounds were found which were opined to be simple in nature and caused by a hard and blunt object while as per allegation in

Patna High Court CR. MISC. No.64185 of 2024(3) dt.16-12-2024 2/2 the F.I.R., the petitioner is alleged to have assaulted the informant by means of a knife. It is further submitted that the facts of the F.I.R. clearly show that the alleged occurrence was not pre planned and the petitioner is a very young person having fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Having considered the above submissions advanced by the petitioner's counsel and mainly taking into account the petitioner's young age as well as his fair and clean antecedent, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Hussainganj P.S. Case No. 240/ 2024 on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) BKS/- U T