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Patna High CourtCR. MISC./15580/2023allowed

Ritesh Kumar Gupta @ Ritesh Kumar v. The State Of Bihar

2023-05-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15580 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- JAMOBAZAR District- Siwan ====================================================== Ritesh Kumar Gupta @ Ritesh Kumar S/O Sachidanand Prasad R/O Village Bhopatpur, P.S- Jamo Bazar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code. Petitioner is said to have assaulted the son of the informant by sword on his head with intention to kill him as a result of which he received injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is simple in nature. He submits that no case is made out against the petitioner under Section 307 of the IPC. He further submits that petitioner has one criminal

Patna High Court CR. MISC. No.15580 of 2023(2) dt.16-05-2023 2/2 antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let 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 Jamo Bazar P.S. Case No. 103 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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