Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12241 of 2018 Arising Out of PS. Case No.-159 Year-2017 Thana- KHAJEKALLAN District- Patna ====================================================== Ashok Kumar S/o Dilip Kumar Mahto, R/o Village- Mogalura, Lala Toli, P.S.- Khajakala, District- patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2018 Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, and 34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report dated 11.09.2017 submitted by Abhisekh Kumar @ Golu to the Station House Officer, Khajekala Police Station to the effect that on 10.09.2017 at 10.30 P.M., the informant saw from the window that co-accused Raja Choudhary was unloading the illegal liquor and ganja on the roof of the informant's house. On protest being made, the accused persons assaulted the informant and threatened to implicate him in false case. On 11.09.2017, at 4 P.M, while the informant was going to take meal at his home,

Patna High Court Cr.Misc. No.12241 of 2018(2) dt.27-02-2018 2/3 co-accused Raja Choudhary, Sunil Gope and the petitioner Ashok Kumar along with 3-4 unknown persons assaulted the informant with iron rod and threatened for dire consequences. It is submitted by learned counsel for the petitioner that accusation of assault has been alleged by three persons, whereas, the impugned order suggests that the informant received only one lacerated injury. However, the nature of injury has not been discussed by the doctor, but the same is simple in nature. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by Mr. J. N. Thakur learned APP for the State that accusation of assault is against this petitioner also.

Considering the fact that accusation is not corroborated by the medical opinion, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned SDJM, Patna City in connection with Khajakala P.S. Case No.

Patna High Court Cr.Misc. No.12241 of 2018(2) dt.27-02-2018 3/3 Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T