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Patna High CourtCR. MISC./18496/2023allowed

Vishwajit Kumar @ Damru @ Vishwajeet Kumar v. The State Of Bihar

2023-08-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18496 of 2023 Arising Out of PS. Case No.-319 Year-2022 Thana- PATEPUR District- Vaishali ====================================================== Vishwajit Kumar @ Damru @ Vishwajeet Kumar Son Of Binod Singh Resident Of Village- Chaksaid, Ps- Patepur, Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 354, 504 and 506/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner is said to have assaulted on the head the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner to assault the informant. He submits that from perusal of the impugned order it does not appear that the injury which the informant received is either grievous or simple. He further submits that petitioner has got no

Patna High Court CR. MISC. No.18496 of 2023(4) dt.21-08-2023 2/2 criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State has filed a counter affidavit in the Court in which the injury report has also been annexed. From perusal of the injury report it appears that the injury sustained by the victim is simple in nature.

6. Considering the aforesaid facts and circumstances as well as this fact the injury sustained by the victim is simple in nature, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Patepur P.S. Case No.319/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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