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Patna High CourtCR. MISC./7331/2025allowed

Shivpujan Kumar v. The State Of Bihar

2025-02-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7331 of 2025 Arising Out of PS. Case No.-80 Year-2020 Thana- PARAIYA District- Gaya ====================================================== Shivpujan Kumar Son of Sri Ram Singh Resident of village - Rajahari, P.O.- Gajanpur, P.S.- Paraiya, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 308 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have assaulted the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties regarding passage. The petitioner was granted benefit of Section 41(1) of the Cr.P.C. He further submits that no opinion of the doctor regarding the nature of injury has been given in the injury report because the injured

Patna High Court CR. MISC. No.7331 of 2025(2) dt.14-02-2025 2/2 was advised for CT scan of the brain but the injured has not done CT scan despite medical advice. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case and the fact that no opinion was given by the doctor regarding nature of the injury, let the above named petitioner, be released on bail, in the event of his 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 Paraiya P.S. Case No. 80 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T