Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4891 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- BASANHI District- Saharsa ====================================================== Mithun Kumar SON OF Dilchandra Mistri Resident Of Mahua Bajar Ward No. 12, PS- Basnahi And Distt- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Singh For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Basnahi P.S. Case No.81/2023 registered for the offence punishable under Sections 447, 323, 324, 307, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case. It is next submitted that the informant, who is not an eyewitness to the occurrence alleges that the accused persons along with petitioner came to his house and petitioner assaulted the brother of the informant with an iron rod on head causing injury. The learned counsel next submits that no doubt allegation is of assaulting the brother of the informant with an iron rod on head causing injury but then the doctor has not opined about the nature of the injury. It is also submitted that

Patna High Court CR. MISC. No.4891 of 2024(2) dt.21-02-2024 2/2 petitioner will not abscond rather will co-operate in the investigation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 ACJM-III, Saharsa in connection with Basnahi P.S. Case No.81/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioner despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bond of the petitioner.

(Satyavrat Verma, J) amit/- U T