Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65417 of 2023 Arising Out of PS. Case No.-955 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Prince Kumar S/O Birendra Singh R/O Village- Balgudar, Ps. Lakhisarai, Dist. Lakhisarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Lakhisarai P.S. Case No. 955 of 2022 dated 28.11.2022 registered for the offences punishable u/ss 341, 323, 307, 504, 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, when the informant was at his house, some miscreants entered there and abused him. The co-accused Suraj Kumar started to assault him. The petitioner and the co-accused persons came with deadly weapons with intent to kill him and said to close the nali, windows and gate. On being objected by the informant, the petitioner assaulted his head with an iron rod causing head
Patna High Court CR. MISC. No.65417 of 2023(2) dt.07-11-2023 2/3 injury as a result of which the informant fell down. When his nephew came to rescue, then the co-accused Birendra Singh assaulted him with lathi and he sustained injury on his head. The co-accused Poonam Devi assaulted them with stones and bricks. It is further stated that the cause of occurrence is that the government hand pump is bounded to their premises.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is a case and counter case between the parties. Nothing has been recovered from the possession of the petitioner. As per injury report of the injured Dharmendra Singh, all injuries are simple in nature. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner and submitted that the specific allegation of assault is against the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the injuries being simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand)
Patna High Court CR. MISC. No.65417 of 2023(2) dt.07-11-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned court concerned, Lakhisarai in connection with Lakhisarai P.S. Case No. 955 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T