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Patna High CourtCR. MISC./11469/2023allowed

Shwetank Shekhar @ Sanny @ Sammi v. The State Of Bihar

2023-08-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11469 of 2023 Arising Out of PS. Case No.-419 Year-2022 Thana- RUPASPUR District- Patna ====================================================== SHWETANK SHEKHAR @ SANNY @ SAMMI SON OF LATE KEDAR SINGH R/O SUNDER NAGAR, NALAPAR, LOHIYA PATH, JAGDEO PATH, P.S.- RUPASPUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2023 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, 324, 307, 504 & 506/34 of the Indian Penal Code.

3. The petitioner in association of other co-accused is said to have severely assaulted the informant and his family members.

4. 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 due to ulterior motive of the informant. As a matter of fact, there was free fight between both the parties and both sides have sustained injuries. It is

Patna High Court CR. MISC. No.11469 of 2023(7) dt.07-08-2023 2/2 further submitted that the present case is counter blast of Rupaspur P.S. Case No.421/2022 lodged by the mother of the petitioner. It is further submitted that one of the victims of Rupaspur P.S. Case No.421 of 2022 has died during the course of the treatment. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Having regard to the facts and circumstances of the case as also the fact that there was free fight between the parties in which both sides have sustained injuries and filed cases against each other, 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 Rupaspur P.S. Case No.419 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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