Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80786 of 2023 Arising Out of PS. Case No.-356 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== Amit Kumar Son Of Shiv Kumar Das R/O Village- Mokam Bigha, P.S.- Ghoshi, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Karn, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Ghoshi PS Case No. 356 of 2023 dated 29-05-2023, instituted under Sections 147,341,323, 307,380,337, 338, 354, 354B, 504 and 506 of the IPC

3. As per the prosecution case, 12 named and 10-15 unknown accused persons, including the petitioner are said to have assaulted the informant and her family members. It is alleged that petitioner assaulted the informant's 'Jaut' (son of the elder brother of informant's husband) on his head by means of stone, on account of which, he sustained head injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further stated that as per the injury report, the injuries

Patna High Court CR. MISC. No.80786 of 2023(3) dt.05-03-2024 2/2 on the person of informant's Jaut are found to be simple in nature. It is submitted that there is case and counter case between the parties. One of the co-accused, namely, Raj Kumar Das has lodged FIR against the husband of the informant vide Jehanabad P S Case No. 27 of 2023 under Sections 341,323, 324, 504/34 of the IPC and Sections 3(1)(r)(s), 3(2) (va) of the SC/ST (POA) Act. Lastly, it is submitted that petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Jehanabad, in Ghoshi PS Case No. 356 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

shyambihari/- (Khatim Reza, J) U T