← Library
Patna High CourtCR. MISC./10654/2024allowed

Shri Bhagwan Rai @ Shri Bhagwan Rajbhar v. The State Of Bihar

2024-02-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10654 of 2024 Arising Out of PS. Case No.-268 Year-2023 Thana- RAJPUR District- Buxar ====================================================== SHRI BHAGWAN RAI @ SHRI BHAGWAN RAJBHAR S/O- KAMLA RAJBHAR R/O- VILLAGE- MANGRAON, P.S.- RAJPUR DIST.- BUXAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kuamr Ojha For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 504, 308, 324, 379, 34 of the Indian Penal Code.

3. Allegedly, the petitioner is said to have assaulted the informant by means of several weapons.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that similarly situated co-accused has been granted anticipatory bail by a co-ordinate Bench of this

Patna High Court CR. MISC. No.10654 of 2024(2) dt.22-02-2024 2/2 Court vide order dated 02.11.2023 passed in Cr. Misc. No.68314 of 2023. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rajpur P.S. Case No.268 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T