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Patna High CourtCR. MISC./2438/2023bail granted

Ashok Singh @ Ashok Kumar v. The State Of Bihar

2023-04-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2438 of 2023 Arising Out of PS. Case No.-169 Year-2013 Thana- AKBARPUR District- Nawada ====================================================== Ashok Singh @ Ashok Kumar S/O Khelawan Singh @ Ram Khelawan Singh Resident of village- Kothar, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Sharma For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307, 323 and other allied sections of the Indian Penal Code. As per the prosecution case, petitioner assaulted the informant by sharp-edged weapon causing injury on his head and other co-accused persons assaulted him with fist and kick due to which his teeth was broken and he became unconscious and fell down on the ground.

It is submitted that informant has sustained multiple injuries, but the doctor has found all the injuries simple in nature. Moreover, there is delay of thirteen days in lodging the FIR for which there is no plausible explanation. It is further

Patna High Court CR. MISC. No.2438 of 2023(3) dt.04-04-2023 2/2 submitted that parties have compromised the case and a joint petition dated 21.06.2022 vide Annexure-2 has been filed before the Court of learned Chief Judicial Magistrate, Nawada. Petitioner claims clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 169 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T