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Patna High CourtCR. MISC./88391/2024allowed

Kulindra Gope @ Kulindra Singh @ Kulindar Yadav @ Kamod Yadav @ Kumod Yadav v. The State Of Bihar

2025-01-10Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88391 of 2024 Arising Out of PS. Case No.-512 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Kulindra Gope @ Kulindra Singh @ Kulindar Yadav @ Kamod Yadav @ Kumod Yadav, S/o- Ramashish Singh, Resident of Village- Kelwaria, P.S.- Khushrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and Mr.Rana Randhir Singh, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Khusrupur P.S. Case No.512 of 2023 instituted for the offence under Section 341, 323, 307, 504, 506, 379/34 of the Indian Penal Code.

3. The case of the prosecution is that while the informant was going to appear in the examination of Inspector, the petitioner along with others being armed with weapon surrounded him. The allegation against this petitioner is that he assaulted with Garasa on the head of the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.88391 of 2024(2) dt.10-01-2025 2/2 offence. He has falsely been implicated in this case. It is further submitted that the informant and the petitioner are the agnates. There is land dispute between the parties. There is also a counter version of this case and from perusal of the F.I.R., it is clear that the injury which has been received by the informant alleged to be caused by the petitioner is lacerated wound measuring 2"x1"x1/6". Though the opinion has reserved, where the dimension of the injuries makes it clear that the injury is superficial.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Khusrupur P.S. Case No. 512 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Patna City, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T