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Patna High CourtCR. MISC./21755/2023allowed

Sk. Munna @ Daud @ Md. Daud v. The State Of Bihar

2023-06-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21755 of 2023 Arising Out of PS. Case No.-107 Year-2022 Thana- DANDKHORA District- Katihar ====================================================== Sk. Munna @ Daud @ Md. Daud Son Of Sarfuddin R/O Village- Raipur, P.S.- Dand Khora, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code. As per the prosecutions case, the petitioner is said to have assaulted the son the informant by means of sword. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the allegation of assault by sword seems to be exaggerated because Doctor has found the injury to be simple in nature caused by hard and blunt object and not by sharp cut weapon.

Patna High Court CR. MISC. No.21755 of 2023(2) dt.27-06-2023 2/2 He further submits that injury was found simple in nature, a copy of the injury is enclosed as Annexure-2 to the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case as well as the nature of the injury, 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 connection with Dand Khora P.S. Case No. 107 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T