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Patna High CourtCR. MISC./6057/2023bail granted

Subodh Kumar v. The State Of Bihar

2023-05-22Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6057 of 2023 Arising Out of PS. Case No.-133 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== SUBODH KUMAR Son of Rajo Singh Resident of Village- Number Chamtha, Ward No.-1, P.S.-Bachhwara, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bachhawara PS case no. 133 of 2022, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code. The allegation is regarding the accused persons including the petitioner herein having arrived at the house of the informant, whereafter they had abused and assaulted the informant and her husband.

The learned counsel for the petitioner submits that petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. The learned

Patna High Court CR. MISC. No.6057 of 2023(3) dt.22-05-2023 2/3 counsel for the petitioner has further submitted that as far as the petitioner is concerned, the injuries sustained by the injured persons, attributable to him, have been found to be simple in nature. It is further stated that the present case arises out of case and counter case.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the injuries sustained by the injured person, attributable to the petitioner, have been found to be simple in nature apart from the fact that the petitioner is having a clean antecedent, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or 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 released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.6057 of 2023(3) dt.22-05-2023 3/3 C.J.M. Begusarai in connection with Bachhawara PS case no. 133 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T