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Patna High CourtCR. MISC./19377/2024allowed

Ashok Singh v. The State Of Bihar

2024-04-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19377 of 2024 Arising Out of PS. Case No.-240 Year-2022 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== ASHOK SINGH SON OF SUKHDEV SINGH RESIDENT OF VILLAGE - KUSDIHRA, P.S. - MAGADH MEDICAL, DISTRICT - GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2024 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 379, 354, 506/34 of the Indian Penal Code.

3. As per the FIR, the petitioner along with other coaccused persons went to the door of the informant. The petitioner called the husband of informant, upon which, the wife of the informant told that her husband is not present there. The petitioner snatched the earrings and golden chain of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.19377 of 2024(2) dt.02-04-2024 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is a case and counter-case between the parties. The injuries are of simple nature. There is no recovery of incriminating article from the conscious possession of the petitioner or his house. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her 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 M.M.C.H P.S. Case No.240 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T