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Patna High CourtCR. MISC./8084/2020allowed

Fagu Kora v. The State Of Bihar

2022-01-10Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8084 of 2020 Arising Out of PS. Case No.-5 Year-2016 Thana- PIRI BAZAR District- Lakhisarai ====================================================== FAGU KORA Son of Late Ratu Kora Resident of Village - Balchan Tola, P.S. - Piri Bazar, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through the virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within three weeks, if any. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 447, 448, 324, 307, 332, 333, 427, 353/120B of the Indian Penal Code.

Allegation against the petitioner is that he along with other accused persons entered into the police station and assaulted the police personnel.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.8084 of 2020(3) dt.10-01-2022 2/3 petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that petitioner has been made accused in this case on the confessional statement of apprehended persons. He submits that similarly situated coaccused persons have been granted bail by coordinate Bench of this Court in Cr. Misc. No. 23694 of 2018 on 12.04.2018, Cr. Misc. No. 34258 of 2019 on 26.04.2019 and Cr. Misc. No. 61343 of 2019 on 23.08.2019. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case and the fact that similarly situated persons have been granted bail, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Piri Bazar P.S.

Patna High Court CR. MISC. No.8084 of 2020(3) dt.10-01-2022 3/3 Case No. 05 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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