Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69455 of 2023 Arising Out of PS. Case No.-243 Year-2023 Thana- NARDIGANJ District- Nawada ====================================================== ABHISHEK KUMAR, S/O LATE UMESH SINGH, RESIDENT OF VILLAGE- HADIYA, P.S- NARDIGANJ, DISTT.- NAWADA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Nardiganj P.S. Case No. 243 of 2023 registered for the offences punishable under Sections 341, 323, 324, 325, 354, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the accused persons including the petitioner armed with various weapons were digging the land of the informant and when the daughter of the informant opposed the same they have assaulted her and coaccused Pramod Kumar assaulted the informant at his right eye and head with the butt of the pistol and the other co-accused Bablu @ Mukesh Kumar assaulted Kiran Kumari with garasa

Patna High Court CR. MISC. No.69455 of 2023(2) dt.01-11-2023 2/3 causing injury on her right hand and Nitu Devi snatched gold ear-ring and Mangalsutra of Kiran Kumari.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has been shown as member of mob in the FIR who harass them due to land dispute between the parties. The petitioner and informant are next door neighbor. There is no specific allegation of assault against the petitioner. Petitioner has no criminal antecedent.

5. Learned APP as well as learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner and submits that the petitioner is named accused in the FIR.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Nardiganj P.S. Case No. 243 of 2023, subject to the conditions

Patna High Court CR. MISC. No.69455 of 2023(2) dt.01-11-2023 3/3 as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T