Abhimanu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61624 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ABHIMANU KUMAR Son of Ram Pravesh Rai R/o vill - Chaknur, P.S. - Sadar Hajipur, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-10-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The petitioner apprehends his arrest in connection with Sadar Hajipur P.S. Case No. 167 of 2023, registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

3.

The allegation is regarding the petitioner having hit the informant with wooden plank on his head.

4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned

Patna High Court CR. MISC. No.61624 of 2023(2) dt.11-10-2023 2/3 counsel for the petitioner has further submitted that the injury found on the person of the informant is simple in nature, hence benefit of doubt can be given to the petitioner for the purposes of grant of anticipatory bail.

5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the injuries sustained by the informant attributable to the petitioner herein have been found to be simple in nature, apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. 7.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the

Patna High Court CR. MISC. No.61624 of 2023(2) dt.11-10-2023 3/3 court below within a period of four weeks from the date of receipt/ production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sadar Haijpur P.S. Case No. 167 of 2023, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T