Abhinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81503 of 2024 Arising Out of PS. Case No.-338 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Abhinash Kumar S/o Suryadeo Prasad R/o Village- Kansara, P.S.- Makhdumpur, District- Jehanabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lalan Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 118

(1) . 303 ( 2 ) , 308 (4) and 3 (5) Bhartiya Nayay Sanhita ( B N S ), 2023 .

3 . As per the prosecution case , on the alleged date and time of occurrence , these petitioners along with other coaccused persons are alleged to have entered in the clinic of Dr. S. Kumar and demanded Rs. 50,000/- from informant as rangadari. It is further alleged that on refusal co-accused Vishal Kumar assaulted the informant with knife due to which he sustained injury .

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.81503 of 2024(3) dt.23-01-2025 2/2 specific accusation of assault with knife is against co-accused Vishal Kumar and so far as, this petitioner is concerned, there is no allegation of any overt act is alleged against him. He further submits that both parties have entered into compromise and in the regard a compromise petition has already been filed in the Court below . Petitioner claims clean antecedent. 5 . Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts, clean antecedent of this petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM I Jehanabad in connection with Makhdumpur P.S. case No. 338 of 2024 subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T