Jyotish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69158 of 2023 Arising Out of PS. Case No.-119 Year-2019 Thana- JADIA District- Supaul ====================================================== Jyotish Kumar Son Of Manbharan Yadav Resident Of Rajgaon, Koriapatti, P.S. - Jadiya, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 324, 427, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per F.I.R., the allegation against the petitioner along with other co-accused person who assaulted the informant along with the father of the informant by farsa and sword blow.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that specific allegation against the petitioner is that he assaulted the father of the informant but the injury was found simple in nature (Annexure-3). There is case and counter case between the parties. He further submits that the

Patna High Court CR. MISC. No.69158 of 2023(2) dt.07-11-2023 2/2 occurrence took place on 18.06.2019 but the present F.I.R. was instituted on 27.06.2019 after delay of about ten days without any explanation of delay, which creates serious doubt about the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, 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 Jadiya P.S. Case No. 119 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) mdrashid/- U T