Subodh Kumar @ Subodh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68362 of 2023 Arising Out of PS. Case No.-272 Year-2023 Thana- PUPRI District- Sitamarhi ====================================================== SUBODH KUMAR @ SUBODH RAI SON OF NARESH KUMAR @ NARESH RAI VILLAGE WARD NO 10 SURYAPATTI BEDAUL PS PUPRI, DIST- SITMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP For the Informant :

Mr.Anil Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341/326/307/34 of the IPC. 3.

Allegedly, the F.I.R. named accused persons including the petitioner assaulted the husband of the informant with iron rod. Thereafter, all the accused brutally assaulted him. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the manner of

Patna High Court CR. MISC. No.68362 of 2023(3) dt.25-01-2024 2/2 assault reflected in the F.I.R. itself shows that the same is a concocted one as it is not possible for a person to survive, if such an assault is made. Petitioner has no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitted that the injury was found grievous in nature.

6.

Having regard to the facts and circumstances of the case and considering that surviving from such an assault is impossible for a person, which has been alleged against the petitioner and other accused in the F.I.R., as such, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Pupri P.S. Case No.272 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T