Chandra Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70986 of 2022 Arising Out of PS. Case No.-113 Year-2022 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== CHANDRA SHEKHAR KUMAR S/o Ram Ballabh Paswan R/v- Dhabauli, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP For the Informant :

Mr.Rajendra Kishore Prasad, Adv.

Mr.Madhukar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner apprehends his arrest in a case registered for the offence punishable u/s 447, 420, 341, 323, 324, 354, 504, 379/34 of the IPC.

The allegation against the petitioner is that he along with other accused persons came at the door of the informant and started to abuse the informant and assault her and on protest, they assaulted her and her mother.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.70986 of 2022(2) dt.14-03-2023 2/2 place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the allegation against the petitioner is to assault the informant by means of knife on her head but the injury report enclosed at Annexure-4, shows the injury to be of simple in nature caused by hard and blunt substance. Thus, the injury report does not corroborate the prosecution case. Petitioner has no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Industrial Area P.S. Case No.113/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T