Raju Kumar @ Afat Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72307 of 2024 Arising Out of PS. Case No.-239 Year-2024 Thana- PATNA CITY CHOWK District- Patna ====================================================== Raju Kumar @ Afat Gope S/o- Bhagat Yadav Moh- Dundi Bazar Pipal Tal PsChowk Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Rina Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-10-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Chowk Police Station Case No. 239 of 2024, dated 19.05.2024, disclosing offences under Sections 323, 341, 324 and 307 of the Indian Penal Code.

3. The prosecution story, as per the F.I.R. on 14.07.2024, in the morning, the informant was coming back after his duty and when he reached near his house, he saw that his neigbour left his pet dog loose. The informant asked him to tie it otherwise it will bite. Thereafter, the petitioner assaulted him on his head with iron-rod

Patna High Court CR. MISC. No.72307 of 2024(2) dt.29-10-2024 2/3 from back side and also got him bitten by dog. The informant got injuries on his head and became unconscious.

4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner has been made accused due to previous dispute between the neighbours. He next submits that there is two days delay in lodging the present F.I.R. Referring to annexure P-2, which is outdoor registration copy of Nalanda Medical College and Hospital (NMCH), he submits that petitioner has not sustained any serious injury and after first-aid and prescribing some medicines, the informant has been discharged from the hospital on 17.05.2024, and the F.I.R. has been lodged on 19.05.2024.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbours and the injury caused to the informant is not serious in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.72307 of 2024(2) dt.29-10-2024 3/3

7. Let the petitioner, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna City, Patna, in connection with Chowk Police Station Case No. 239 of 2024, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Siwani/- U T