Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.283 of 2023 Arising Out of PS. Case No.-144 Year-2021 Thana- RAJAON District- Banka ====================================================== SUMIT KUMAR S/O Subhash Yadav R/O Village- Dhansar, P.S- Rajoun, District- Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 307, 379, 504, 506/34 of the IPC.

Allegation against the petitioner is that he assaulted the informant by means of iron rod and when wife and son of informant came for rescue, they were assaulted by the petitioner. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to land dispute. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that there is a land dispute between the parties. Petitioner has been granted benefit of section 41(a) of

Patna High Court CR. MISC. No.283 of 2023(2) dt.04-02-2023 2/2 Cr.P.C. The injuries were found to be simple in nature. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Rajoun P.S. Case No.144 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T