Anurag Kumar @ Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82964 of 2024 Arising Out of PS. Case No.-329 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Anurag Kumar @ Guddu Kumar S/O Bharat Rai @ Bharat Ray R/O VillagePakhan, P.S -Baikunthpur, Distt- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Shashank Shekhar, Advocate For the State :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 354, 504, 506, 379, 325, 385 and 34 of the Indian Penal Code.
3. As per F.I.R., allegation against this petitioner is that he repeatedly assaulted on the right leg of informant by means of sword as a result of which he sustained several injuries and also snatched Mangalsutra from sister of informant.
4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in this case. As a matter of fact, due to land dispute between the parties, a scuffle took place between them on the alleged date and time of occurrence in which both sides sustained injuries.
Patna High Court CR. MISC. No.82964 of 2024(2) dt.24-01-2025 2/2 There is case and counter-case between the parties. The injuries attributed to this petitioner has been found by the doctor to be simple in nature. F.I.R. has been lodged after delay of 6 days and there is no plausible explanation for the same. Petitioner has got no criminal antecedents and he is in custody since 24.09.2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, nature of injuries sustained by the injured, delay in lodging of the F.I.R., case and counter-case between the parties, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Gopalganj, in connection with Baikunthpur P.S. Case No. 329 of 2023.
(Prabhat Kumar Singh, J) shashank/- U T