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Patna High CourtCR. MISC./10671/2023allowed

Kripacharya @ Kripacharya Kumar v. The State Of Bihar

2023-05-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10671 of 2023 Arising Out of PS. Case No.-132 Year-2020 Thana- GOGRI District- Khagaria ====================================================== KRIPACHARYA @ KRIPACHARYA KUMAR S/O VIDYANAND YADAV R/v- Ratan, P.S.- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 448, 447, 341, 323, 325, 504, 506, 385, 307 & 379/34 of the Indian Penal Code.

All the F.I.R. named accused person including this petitioner is said to have entered into the house of the informant assaulted his mother, father and sister due to which his mother sustained hand injury.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. As a matter of fact, on the date of occurrence the informant and his associates were

Patna High Court CR. MISC. No.10671 of 2023(3) dt.09-05-2023 2/2 forcibly constructing the Jal Minar and laying pipes on the petitioner's land without taking permission from petitioner and on protest a quarrel had happened between both the sides. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Both sides have filed cases against each other. The injury sustained by the victim is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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 Gogri P.S. Case No.132 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T