Awadh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22369 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- SAHIYARA District- Sitamarhi ====================================================== AWADH KUMAR Son of Ram Ekwal Mahto Resident of Village- Maudah, P.S.- Sahiyara, Dist- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2022 This matter has been taken up for hearing online because of COVID - 19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office. The petitioner is apprehending his arrest in connection with Sahiyara P.S. Case No. 83 of 2020 for the offence registered under Sections 341, 323, 379 and 504/34 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with other accused persons assaulted the informant by means of Farsa which caused injury in his shoulder. It is further alleged that the accused namely, Dashrath Mahto snatched

Patna High Court CR. MISC. No.22369 of 2021(2) dt.04-01-2022 2/2 golden Hanumani from the neck of the informant. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that there is case and counter case between the parties. It is further submitted that the allegation of snatching the golden Hanumani from the neck of the informant is against Dashrath Mahto and not against this petitioner. There is general and omnibus allegation against this petitioner. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest/surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- V, Sitamarhi in connection with Sahiyara P.S. Case 83 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Sunil Kumar Panwar, J) Jagdish/- U T