Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75790 of 2024 Arising Out of PS. Case No.-187 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Prem Kumar Son of Kamlesh Yadav Resident of Village- Aabgila (Kopa Kala), P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 354 (A), 379, 504, 506/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he has assaulted the informant Shivam Kumar by means of Khanti on his head causing him injury on a time when the informant objected to the conduct of the petitioner and his friends who were teasing a lady.

4. Learned counsel for the petitioner submits that the allegations levelled in the FIR are not correct and as a matter of fact, a dispute had arisen with regard to which an FIR was filed by the mother of the petitioner with regard to the same occurrence being Naubatpur P.S. Case No. 188 of 2024 which

Patna High Court CR. MISC. No.75790 of 2024(5) dt.30-04-2025 2/2 has been annexed as Annexure-P/2 to this application. It has further been submitted that as against the oral allegation of assault by Khanti on the head, the injury report would go to show that the injuries are in the nature of abrasion and laceration upon the shoulder, vertex and temporal region but all such injuries are simple in nature and the nature of weapon has also not been disclosed in the injury report.

5. Learned APP for the State has opposed the application for anticipatory bail on the ground of allegations.

6. Taking into consideration the facts and circumstances of the case as well as the fact that the petitioner, who has no criminal antecedent in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten 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 Naubatpur P.S. Case No. 187 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Soni Shrivastava, J) devendra/- U T