Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72770 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== KRISHNA KUMAR Son of Sahendra Kewat Resident of Village- Matar, P.S.- Umapur, P.S.- Bhagwanpur, District- Kaimur (Bhabhua). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ramanuj Tiwary For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No.186 of 2022, registered for the offences punishable under Sections 341, 323, 325, 354(B), 308, 504, 506 and 34 of the Indian Penal Code.

The petitioner is said to have assaulted the son of the informant by means of Axe.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that there is case and counter case between the parties and both sides are agnates. It is submitted that the injury sustained by son of the informant is simple in nature. The

Patna High Court CR. MISC. No.72770 of 2022(4) dt.03-07-2023 2/2 occurrence took place on 09.08.2022, but the FIR was lodged on 22.08.2022 after delay of more than 12 days without giving any explanation which creates a serious doubt on the veracity of the prosecution case.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the facts aforesaid and the fact that injury sustained by son of the informant is simple in nature, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Kaimur at Bhabhua in connection with Bhagwanpur P.S. Case No.186 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T