Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73904 of 2023 Arising Out of PS. Case No.-160 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Ankit Kumar Son Of Upendra Thakur @ Thakur Upendra Prasad Resident Of Village- Lakhminia, Ward No. 23, Sharma Tola (LAKHMINIA Bazar), PsBallia, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Balia P.S. Case No.160 of 2023 dated 17.06.2023 registered for the offences punishable under Sections 341, 323, 504, 506, 324 and 307 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner along with 3 unknown miscreants came to the house of the informant and started abusing and assaulting the informant. In the meantime, the petitioner assaulted the informant with the butt of the pistol on the mouth of the informant, due to which he

Patna High Court CR. MISC. No.73904 of 2023(2) dt.19-12-2023 2/2 sustained eye injuries and was unable to see.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is accused in two other criminal cases on which he is on bail as stated in para 3 of the bail petition. Learned counsel has further submitted that the injuries are simple in nature caused by hard and blunt substance.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Begusarai in connection with Balia P.S. Case No. 160 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T