Lavkush Kumar @ Lavkush Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72581 of 2023 Arising Out of PS. Case No.-320 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== Lavkush Kumar @ Lavkush Yadav, Son of Mahendra Prasad, R/o vill - Sirodaber, P.S. - Rajauli, Distt. - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Nandan, Adv.
For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-11-2023
1. Heard learned counsel for the Petitioner and learned APP for the State
2. The Petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 320 of 2023 dated 28.05.2023 registered for the offences punishable under Sections 341, 323, 354(B), 337, 338, 307, 504 and 506/34 of the Indian Penal Code.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner resides at his maternal village (nanihal) where he got a land property of his maternal cousin grandfather (nana), therefore, his own maternal uncle and his family members are against him and regarding the said property, a Title Suit is also going on
Patna High Court CR. MISC. No.72581 of 2023(2) dt.09-11-2023 2/3 in between them and the informant of the present matter is relative of the uncle of the petitioner and there is no serious allegation against this petitioner. Further submissions are that as per the allegation, this petitioner inflicted an ironrod blow at the back of the informant and the same is specific allegation against him and the informant's injury report has been filed as Annexure-P3, which goes to show that on the back of the informant only an abrasion was found and two other injuries, which were found in the form of swelling, have been opined to be simple in nature.
4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. Considering the above submissions and mainly taking into account the nature of injuries sustained by the informant as appears from her injury report, this Court is inclined to accept the petitioner's prayer for anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount
Patna High Court CR. MISC. No.72581 of 2023(2) dt.09-11-2023 3/3 each to the satisfaction of the Court concerned in connection with Rajauli P.S. Case No. 320 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) annu/- U T