Amit Kumar @ Amit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71892 of 2021 Arising Out of PS. Case No.-521 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

AMIT KUMAR @ AMIT SINGH Son of Satyendra Singh Resident of Village- Bahilwara Govin, P.S.- Saraiya, District- Muzaffarpur. 2.

SUSHMA DEVI W/o Amit Singh Resident of Village- Bahilwara Govin, P.S.- Saraiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Bipin Chandra For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2022 It is submitted by learned counsel for the petitioners that during pendency of this application, petitioner no. 2 has been arrested and, as such, he seeks permission to withdraw this application.

In view of the aforesaid submission, this application is dismissed as withdrawn.

So far as petitioner no. 1 is concerned, the instant application for anticipatory bail has been filed by the petitioner no. 1 apprehending his arrest in connection with Saraiya P.S. Case no. 521 of 2021 instituted for the offence under Sections 341, 323, 354(A), 354B, 504, 506/34 of the Indian Penal Code. Prosecution story relates to abuse and assault to the

Patna High Court CR. MISC. No.71892 of 2021(2) dt.20-07-2022 2/3 informant by means of sword by the petitioner as a result of which she received head injury and twelve stitches were given to her head.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. There was dispute regarding partition of land between the parties who are pattidar. In the alleged incident one person has received injury on her head caused by hard and blunt substance. There is no allegation of repetition of blow against the petitioner. Petitioner is a man of clean antecedent. Learned counsel for the informant and learned APP appearing for the State have vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Saraiya P.S. Case no. 521 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV (W), Muzaffarpur subject to

Patna High Court CR. MISC. No.71892 of 2021(2) dt.20-07-2022 3/3 the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U