Lakshaman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75027 of 2022 Arising Out of PS. Case No.-121 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== LAKSHAMAN KUMAR S/o Naresh Mahto R/v- Mussi, P.S.- Makhdumpur, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Makhdumpur P.S. Case No. 121 of 2022 for the offence registered under Sections 341, 323, 324, 504, 379 and 354/34 of the Indian Penal Code.

The petitioner is alleged to have assaulted the informant by means of sword, resulting in him sustaining cut injury in his left hand, whereafter, he is also alleged to have assaulted the son of the informant and the wife of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.75027 of 2022(2) dt.29-04-2023 2/3 been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that no injury has been sustained by the informant and his family members, inasmuch as no injury report has been produced by the Medical Officer.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the specific case of the petitioner that no injury report has been produced by the Medical Officer, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail, however, subject to the learned Trial Court verifying the factum regarding the non-availability of the injury report.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the

Patna High Court CR. MISC. No.75027 of 2022(2) dt.29-04-2023 3/3 event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Jehanabad in connection with Makhdumpur P.S. Case No. 121 of 2022, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/SonalU T