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Patna High CourtCR. MISC./65349/2024bail granted

Kishundev Kushwaha v. The State Of Bihar

2024-10-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65349 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- SATHI District- West Champaran ====================================================== Kishundev Kushwaha Son of Late Bansi Mahto Resident of Village- Rai Barwa, P.S.- Sathi, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Preeti Kumari, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sathi P.S. Case No. 56 of 2024 registered for the offences punishable under Sections 341, 323, 324, 143, 307, 504, 506, 379/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is alleged to have assaulted the informant by an iron rod causing injury on head. It is next submitted that the petitioner and the informant side are related and on account of dispute relating to a land, an altercation has taken place in which both sides have assaulted each other. It is next submitted that petitioner is alleged to have assaulted the informant by an iron rod causing injury on head,

Patna High Court CR. MISC. No.65349 of 2024(2) dt.17-10-2024 2/2 but then on perusal of Annexure-2 i.e. injury report of the informant, it would manifest that the injury suffered by the informant is simple in nature which amply demonstrates that petitioner never have an intention of committing any serious act. It is also submitted that petitioner is not a criminal.

4. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

5. 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 Court below within a period of six weeks, are directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-1st, Bettiah, West Champaran in connection with Sathi P.S. Case No. 56 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C..

6. Accordingly, the application stands allowed. (Satyavrat Verma, J) annpurna/- U T