Aashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4466 of 2018 Arising Out of PS.Case No. -354 Year- 2017 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Aashish Kumar S/o Madan Sharma, R/o Village- Babhargama, P.S.- Jagishpur (Goradih) District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2018 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Jagdishpur (Goradih) P.S. Case No. 354 of 2017 dated 19.08.2017 instituted for the offences under Sections 341, 147, 148, 149, 323, 307, 504 and 506 of the Indian Penal Code.

It has been alleged by the informant in the FIR that while he and his brother were coming back after working in the Water Supply Scheme, accused persons including the petitioner surrounded him. All the accused persons were alleged to be armed with lethal weapons. It has then been alleged that the informant was assaulted by Subhash Sah and Umesh Tanti. When his brother Shobhi Kumar came to his rescue, he, too, was assaulted by Niraj

Patna High Court Cr.Misc. No.4466 of 2018 (2) dt.02-02-2018 Mandal and Pairu Mandal. When another brother of the informant viz. Gunjan Kumar came to their rescue, Madan Sharma and others are said to have assaulted him as well. Learned counsel for the petitioner has submitted that but for the informant having named the petitioner in the FIR, no act of assault was attributed to him. Learned counsel for the petitioner has further submitted that the petitioner is a student who is residing at Bhagalpur and because of village politics he has been made accused in this case.

The petitioner does not have any criminal antecedent. For the aforesaid facts, the petitioner above named is directed to be released in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur (Goradih) P.S. Case No. 354 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) KKSINHA/- U T