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Patna High CourtCR. MISC./21258/2022bail granted

Deepak Kumar @ Poga v. The State Of Bihar

2022-11-02Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21258 of 2022 Arising Out of PS. Case No.-411 Year-2021 Thana- EKMA District- Saran ====================================================== DEEPAK KUMAR @ POGA Son of Shrinarain Prasad @ Narayan Prasad Resident of Village - Hansrajpur, P.S.- Ekma, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Anuj, Advocate For the Opposite Party/s :

Mr. Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 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 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleges that petitioner along with other accused persons came and started looting box kept in Durga temple, on protest Rahul assaulted son of the informant Gaurav by a sharp edged weapon and when he fell down Sonu and petitioner assaulted by an iron rod causing injury.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No. 21258 of 2022(2) dt.02-11-2022 2/3 petitioner is a person with clean antecedent and is a young boy aged about 19 years of age. Learned counsel next submits that petitioner has been falsely implicated in the present case, it is next submitted that the occurrence took place but then it was not for the reason as alleged in the FIR but there was a dispute with respect to the management of the temple. Learned counsel further submits that even presuming what has been alleged is true without admitting for the purposes of anticipatory bail then injury suffered on account of assault made by the petitioner is simple in nature, it is also submitted that petitioner is a young boy of 19 years of age and is a person with clean antecedent and in the event, if he is sent to jail then the chances are bright that he may come in contact with hardened criminals. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No. 21258 of 2022(2) dt.02-11-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ekma P.S. Case No. 411 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

One of the bailor shall be the father of the petitioner Shri Narayan Prasad @ Narayan Prasad. (Satyavrat Verma, J) GauravSinha/- U T