Balmiki Kumar @ Balmiki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1489 of 2024 Arising Out of PS. Case No.-6 Year-2022 Thana- PIRI BAZAR District- Lakhisarai ====================================================== BALMIKI KUMAR @ BALMIKI YADAV S/o Ganesh Yadav R/o VillageKathara, P.S-Piri Bazar, District-Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 379, 448, 452, 308, 504, 506/34 of the IPC.

3.

Allegedly, the petitioner along with other co-accused persons are said to have teased the informant and on protest, they assaulted the informant. When one Ganesh Yadav came to rescue the informant, the petitioner is alleged to have assaulted him with a rod.

4.

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 grudge. No such occurrence, in the manner as alleged, has ever taken place.

Patna High Court CR. MISC. No.1489 of 2024(2) dt.07-02-2024 2/2 Petitioner is constable in C.R.P.F. and is posted in Jammu and Kashmir and on the said date, he was on his duty in Jammu and Kashmir. It is further submitted that there is a case and counter case between the parties and earlier the petitioner has lodged F.I.R. against the informant and others. The injury of the injured was found simple in nature which is clear from Annexure-2 of the bail petition. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, 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 Piri Bazar P.S. Case No.6 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T