Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86997 of 2024 Arising Out of PS. Case No.-591 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Aman Kumar S/O Munna Prasad Gond R/O Vill.- Fataha, P.S.- Gopalganj, District- Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2024 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 126(2), 115(2), 118(1), 109, 3(5) of the B.N.S., 2023.

3.

Allegedly, the petitioner along with one another coaccused on motorcycle came near the informant. Petitioner stabbed knife on back and left hand of the informant due to which informant sustained injuries.

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 on account of personal enmity and grudge. No such occurrence, in the manner as

Patna High Court CR. MISC. No.86997 of 2024(2) dt.18-12-2024 2/2 alleged, has ever taken place. There is specific allegation on the petitioner to assault the informant by knife but injuries on the person of the informant were found to be simple in nature. There is delay of five days in lodging the FIR without giving any proper explanation which creates doubt on the prosecution story. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5.

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

Having regard to the facts and circumstances of the case, and simple nature of injury, 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 Gopalganj Town P.S. Case No.591 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS, 2023.

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