Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72919 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- KAKO District- Jehanabad ====================================================== CHINTU KUMAR, aged about 23 years, male, Son of Late Vimal Prasad, Resident of Village - Barhara, P.S.- Kako, Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307 and 34 of the Indian Penal Code.

Prosecution case is that in the evening of 14.02.2019, the informant along with Harendra Kumar, Chintu Kumar and Deepak Kumar had gone for walking at river. It is alleged that in the way, co-accused Harendra Kumar kept his mobile silently in the pocket of full pant of the informant and leveled the allegation of theft of said mobile against him. Meanwhile, the petitioner Chintu Kumar besides co-accused Deepak Kumar caught hold him and thereafter, co-accused Harendra Kumar assaulted with rod as a result of which he sustained injury on his

Patna High Court CR. MISC. No.72919 of 2019(2) dt.21-11-2019 2/2 head and bleeding was started. This occurrence took place near a temple at about 7.00 p.m. However, this case is instituted in the evening on 15.02.2019.

Learned counsel for the petitioner submits that there is no specific allegation against the petitioner, rather it is specific allegation against the co-accused Harendra Kumar to assault with rod of the informant. The petitioner has no criminal antecedent.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., Jehanabad, in connection with Kako P.S. Case No. 38 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) amitkumar/- U T