Basant Kumar @ Vasant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75052 of 2024 Arising Out of PS. Case No.-290 Year-2024 Thana- SUPAUL District- Supaul ====================================================== Basant Kumar @ Vasant Kumar S/o Ganeshi Mukhiya Resident of villageBasbitti, ward no 09, PS - Supaul, District- Supaul, Bihar 852130 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-11-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Supaul P.S. Case no. 290 of 2024 registered under sections 307, 379, 341, 323, 324, 354, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that on the orders of the petitioner, the accused persons assaulted the informant. It is further stated that the petitioner also assaulted the informant with an iron rod on his head causing serious injuries.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is case and counter case between the parties and the correct version having been given in the counter case. The injury attributed to the petitioner has been found to be simple in nature.

Patna High Court CR. MISC. No.75052 of 2024(2) dt.13-11-2024 2/2 As against assault by so many accused persons, only one injury has been found which falsifies the prosecution case. The petitioner has no criminal antecedent.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the specific allegation against the petitioner of having assaulted the informant with an iron rod on his head and the corresponding injury having been found as mentioned in the order of the learned trial Court, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

7. The petitioner is directed to surrender in the learned trial Court within a period of four weeks.

8. In case the petitioner surrenders within a period of four weeks and pray for regular bail, the same shall be considered by the learned Trial Court without being prejudiced by this order of rejection taking into consideration the grant of bail to the accused in the F.I.R lodged by the petitioner's side. (Partha Sarthy, J) Harsh/- U T