Umashankar Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76694 of 2024 Arising Out of PS. Case No.-207 Year-2024 Thana- NAWANAGAR District- Buxar ====================================================== Umashankar Bin S/O Judge Bin R/O Village- Sonvarsha, P.S- Nawanagar, Distt.- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Dimpal Kumari, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-11-2024 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Nawanagar (Sonvarsha O.P.) PS case no. 207 of 2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.
3.
The prosecution story, as per the First Information Report, is that on 30.06.2024, while the informant was returning home and no sooner, he reached near the house of the accused persons, petitioner and other accused persons assaulted him. It is alleged that petitioner assaulted the informant by means of lathi on his head and when the wife and daughter of the informant intervened to save him, they were also assaulted by accused persons.
4.
Learned Counsel for the petitioner submits that both parties are agnates and neighbours having previous enmity, due to
Patna High Court CR. MISC. No.76694 of 2024(2) dt.19-11-2024 2/2 which, the present F.I.R. has been lodged. Learned counsel further submits that the occurrence has taken place on 30.06.2024 but the F.I.R. has been lodged after delay of 07 days i.e. on 07.07.2024. Referring to the impugned order, learned counsel submits that injury caused to the informant is simple in nature. The petitioner is stated to be having no criminal antecedent.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are agnates having previous enmity and injury caused to the informant is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Nawanagar (Sonvarsha O.P.) PS case no. 207 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T