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Patna High CourtCR. MISC./26084/2024bail granted

Sanipal @ Sanni Kumar Pal @ Sani Kumar Patel v. The State Of Bihar

2024-10-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26084 of 2024 Arising Out of PS. Case No.-34 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== Sanipal @ Sanni Kumar Pal @ Sani Kumar Patel Son of Late Umesh Pal R/o vill - Santghat ward No. 15, P.S. - Bettiah Town, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-10-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Bettiah Town P.S. Case no. 34 of 2020 registered under sections 307, 379, 147, 148, 149, 341, 323, 384 and 504 of the Indian Penal Code.

3. As per the prosecution case, the informant states that eight named accused persons including the petitioner herein came variously armed. It is further stated that on the orders of one Vijay Pal, the petitioner and three others who were armed with an iron rod assaulted the informant on his head as a result of which he sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case for oblique reasons. The manner of occurrence has not been supported by the injury report as against the allegation of assault by four

Patna High Court CR. MISC. No.26084 of 2024(4) dt.25-10-2024 2/2 persons with iron rod, one injury has been found on the head of the informant and that is also opined to be simple in nature. The petitioner has no criminal antecedent.

5. Heard learned A.P.P. for the State who submits that there is direct allegation against this petitioner and the injury is on a vital part of the body.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the contents of the injury report wherein one injury has been found and that too simple in nature together with the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bettiah Town P.S. Case no. 34 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah. (Partha Sarthy, J) Harsh/- U