Patna High CourtCR. MISC./11940/2022bail granted

Salim Dewan v. The State Of Bihar

2022-09-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11940 of 2022 Arising Out of PS. Case No.-443 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== SALIM DEWAN SON OF SAHADAT DEWAN R/O VILLAGEGOBINDAPUR TIKAITA, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Turkauliya P.S. Case no. 443 of 2021 instituted for the offence under Sections 323, 324, 341, 342, 307, 384, 387, 504, 506, 34, 147, 149, 327, 447 of the Indian Penal Code. As per allegation in the FIR, petitioner has assaulted to Satyam by means of Chapar causing head injury to him. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Injured Satyam has received two injuries out of which injury no. 1 is on ocipital region but the same is simple in nature

Patna High Court CR. MISC. No.11940 of 2022(2) dt.05-09-2022 2/2 and so far as injury no 2 is concerned, the same is not attributed to him. There is no allegation of repetition of blow. Similarly situated co-accused person has already been granted bail vide order dated 14.6.2022 passed in Cr. Misc. No. 61359 of 2021. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Turkauliya P.S. Case no. 443 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/Aman U