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Patna High CourtCR. MISC./1091/2024bail granted

Ankit Kumar Jha v. The State Of Bihar

2024-01-31Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1091 of 2024 Arising Out of PS. Case No.-42 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== Ankit Kumar Jha S/O - Arun Jha @ Arun Kumar Jha. R/o - Village - Bhatgawa , P.s - Dalsinghsarai, District - Samastipur at present Residing at Ward No.1, Tajpur, Ratanpur, P.S.- Samastipur Mufasil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash Upadhyay For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner as well as the learned counsel for the informant.

2. The petitioner apprehends his arrest in connection with Karpoorigram P.S. Case No. 42 of 2023, registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

3. As per allegation, co-accused Munindra Mishra extorted the informant whereupon co-accused Sanjeev Kumar Pathak and the petitioner inflicted knife blow on the head of the informant. The petitioner again assaulted on his head with knife. Co-accused Kanhaiya Kumar assaulted the informant on his hand with lathi.

4. The learned counsel for the petitioner has submitted that there is civil dispute between the parties and the petitioner is a person of clean antecedent. The injury on the hand of the informant

Patna High Court CR. MISC. No.1091 of 2024(2) dt.31-01-2024 2/2 was found to be grievous on his elbow but this injury is not attributed against the petitioner rather it is against co-accused Kanhaiya Kumar and the injury which is attributed against the petitioner, is simple in nature.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the petitioner inflicted repeated knife blows on the person of the informant and made him injured.

6. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate- Samastipur in connection with Karpoorigram P.S. Case No. 42 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Nirmal/- U T