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Patna High CourtCR. MISC./70953/2022bail granted

Prince Kumar v. The State Of Bihar

2023-04-29Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70953 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- AKHODHIGOLA District- Rohtas ====================================================== Prince Kumar Son of Rajendra Singh R/V- Ganpat Tola, Chhapara, P.SAkorhigola, Dist- Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Akhorhigola P.S. Case No. 40 of 2022 registered for the offences punishable under Sections 341/323/324/307/504/506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.70953 of 2022(2) dt.29-04-2023 2/3 The allegation against this petitioner is to assault informant and others causing bodily injuries having intention to cause their death, where occurrence took place in the background of previous enmities.

Learned counsel appearing on behalf of the petitioner submitted that implication of petitioner is false with present case, where no direct and specific allegation appears against this petitioner. It is submitted that nature of injuries are simple, which is not sufficient to cause death in ordinary course of nature and as such negating the intention to cause death. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.

Learned APP opposes the prayer of bail.

Considering the aforesaid facts and circumstances and by taking note of nature of allegation as regard to assault, where injury alleged to be caused simple in nature, accordingly, the above named petitioner, in the event of his arrest or surrender before the court below, within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dehri, Rohtas/concerned Court, where the

Patna High Court CR. MISC. No.70953 of 2022(2) dt.29-04-2023 3/3 case is pending in connection with Akhorhigola P.S. Case No. 40 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T