Barun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78662 of 2023 Arising Out of PS. Case No.-197 Year-2023 Thana- PATRAKARNAGAR District- Patna ====================================================== Barun Kumar, (Male), aged about 45 years, Son of Late Damodar Prasad, Resident of Mohalla-Yogipur, Near-Devi Aasthan, Police Station-Patrakar Nagar, District-Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sudish Kumar, Advocate For the Opposite Party :

Mr. Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Patrakar Nagar P.S. Case No. 197 of 2023 dated 09.03.2023 registered for the offences punishable under Sections 452, 341, 323, 324, 307 and 354/34 of the I.P.C.

3. As per the prosecution case, the petitioner and other accused are alleged to have started digging nala on the land of the informant. On protest, they started assaulting the informant and her family members with lathi, iron rod, legs and fists and hockey stick, as a result of which, the informant got head injury and admitted in P.M.C.H. It is further alleged that they also took the gold chain of the informant.

Patna High Court CR. MISC. No.78662 of 2023(4) dt.15-04-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It is submitted that both parties are agnates and there is land dispute between them. There is general and omnibus allegation against the petitioner. It is submitted that the injury found by the doctor on the informant simple in nature. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

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

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, 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/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Patna in connection with Patrakar Nagar P.S. Case No. 197 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T