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Patna High CourtCR. MISC./5795/2025bail granted

Abhishek Kumar v. The State Of Bihar

2025-02-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5795 of 2025 Arising Out of PS. Case No.-123 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== 1.

Abhishek Kumar S/O Amrendra Das R/O Village- Gangapur, P.S. Lakhnaur, District- Madhubani 2.

Prity Das W/O Amrendra Das R/O Village- Gangapur, P.S. Lakhnaur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Adv Ms. Nitu Kumari, Adv For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Lakhnaur P.S. Case No. 123 of 2023 instituted under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and other co-accused are said to have assaulted the victim.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Patna High Court CR. MISC. No.5795 of 2025(2) dt.05-02-2025 2/2

6. The chargesheet under Section 323, 324, 341, 427, 504, 506/34 of IPC has been submitted against the petitioners. Cognizance has been taken after differing with the chargesheet under Section 307, 323, 324, 341, 379, 327, 427, 504, 506/34 of IPC against the petitioners and other accused persons.

7. Considering the fact that no chargesheet was submitted under Section 307 of the IPC, this application is allowed, accordingly, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Jhanjharpur, Madhubani in Lakhnaur P.S. Case No. 123 of 2023 , subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sandeep Kumar, J) kiran/- U T