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Patna High CourtCR. MISC./25608/2021allowed

Rahul Kumar Sah v. The State Of Bihar

2022-07-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25608 of 2021 Arising Out of PS. Case No.-71 Year-2020 Thana- KATIHAR NAGAR District- Katihar ====================================================== RAHUL KUMAR SAH S/O MANOJ SAH R/O VILLAGE GAUSALA GATE, P.S-KATIHAR TOWN, DISTRICT-KATIHAR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2022 Heard the learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under section 341, 323, 324, 407, 379 of the Indian Penal Code.

Allegedly, the petitioner snatched money from the informant and also assaulted him by means of knife, due to which he sustained injuries.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to previous enmity. No

Patna High Court CR. MISC. No.25608 of 2021(4) dt.21-07-2022 2/2 such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no repeated blow as alleged by the informant or there was no intention has been mentioned to kill the informant. He further submits that the injuries sustained by the informant are simple in nature. Petitioner has no criminal antecedent.

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

Having regard to the facts and circumstances of the case and on perusal of the case diary, it is evident that the injuries are simple in nature, as such, 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 Katihar Town P.S. Case No. 71 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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