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Patna High CourtCR. MISC./13832/2024allowed

Vishal Kumar v. The State Of Bihar

2024-06-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13832 of 2024 Arising Out of PS. Case No.-92 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Vishal Kumar S/o- Raju Ray Village- Kutubpur, P.S.- Bidupur, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-06-2024 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, 379, 308, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioner are said to have assaulted the informant's son brutally with deadly weapons. It is further alleged that when the informant tried to rescue his son, co-accused Abhay Kumar took away his bag containing Rs. 2,50,000/-.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.13832 of 2024(4) dt.21-06-2024 2/2 motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the injury report of the injured has been kept reserved and no final injury report was prepared till date. He further submits that no offence under Section 308 of the Indian Penal Code is made out against the petitioner. He has no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as there is general and omnibus allegation against the petitioner, 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 Bidupur P.S. Case No. 92 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T