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Patna High CourtCR. MISC./26750/2024allowed

Brajesh Kumar @ Brajesh Kumar Yadav v. The State Of Bihar

2024-05-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26750 of 2024 Arising Out of PS. Case No.-231 Year-2022 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Brajesh Kumar @ Brajesh Kumar Yadav Son of Sogendra Prasad Yadav @ Sogendra Yadav Resident of Village- Mahammadpur, Police StationBakhtiyarpur, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Singh For the Opposite Party/s :

Mrs. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 379, 504, 506/34 of the Indian Penal Code.

3. As per the FIR, the allegation against the petitioner is that he and other co-accused persons assaulted the informant due to which he sustained injury.

4. 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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the

Patna High Court CR. MISC. No.26750 of 2024(2) dt.01-05-2024 2/2 petitioner. He further submits that the injuries are of simple nature. 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 well as considering the nature of injury, 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 Bakhtiyarpur P.S. Case No.231 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