Ishu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70897 of 2024 Arising Out of PS. Case No.-204 Year-2023 Thana- LAURIA District- West Champaran ====================================================== Ishu Kumar Son of Laddu Sah Resident of Village- Lauriya, Laxmipur, PSLauriya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sujeet Kumar For the Opposite Party/s :
Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2024 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Lauriya P.S. Case No. 204 of 2023 registered on 14.07.2023 for the offences punishable under Sections of the Indian Penal Code.
3. As per prosecution, the F.I.R. has been lodged against six named accused persons including the petitioner alleging therein that all the accused persons have assaulted the informant and her family members. It is specifically alleged that co-accused Laddu Sah assaulted on the head of the informant with an iron rod due to which the informant got injured whereas co-accused Rajan Sah alleged to have snatched a gold chain from the informant. Co-accused Sonu and Bittu assaulted the
Patna High Court CR. MISC. No.70897 of 2024(3) dt.05-12-2024 2/3 informant on her head and left hand. When the brother-in-law of the informant and her nephew came to rescue her, the accused persons also assaulted them with an iron rod. The accused persons also snatched Rs.2000/- from the pocket of the nephew of the informant.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. In fact, the allegation against the petitioner is omnibus and general. From the contents of the F.I.R., it becomes crystal clear that the informant herself admitted that there is an old pattidari dispute between the parties. Learned counsel further submits that the petitioner is the son of accused No. 1, Laddu Sah and due to this reason, his name has been inserted in the present case. There is no allegation of act or overt-act against the present petitioner. The antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.70897 of 2024(3) dt.05-12-2024 3/3 the learned ACJM -1, Bettiah, West Champaran, in connection with Lauriya P.S. Case No. 204 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J) Ashwini/- U T