Bala Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26342 of 2023 Arising Out of PS. Case No.-832 Year-2020 Thana- MADHAURAH District- Saran ====================================================== BALA NAT S/O DINESH NUT Resident of village- Bajit Bhoraha, P.S.- Marhowrah, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 147, 149, 341, 323, 337, 307, 353, 504 and 506 of the Indian Penal Code and under Section 45 of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that he had gone to arrest the accused of Marhowrah P.S. Case No. 829 of 2020 when a mob including the petitioner started throwing stone and assaulted the police injuring them.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26342 of 2023(2) dt.16-05-2023 2/3 petitioner has been falsely implicated in the present case, it is next submitted that there is no specific allegation against the petitioner of assaulting the police men, it is next submitted that the petitioner has been falsely implicated for the reason that there is no injury report on record in the case of the injured police men.

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/- (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 Marhowrah P.S. Case No. 832 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. However, the learned Trial Court before accepting the bail bonds shall verify whether there is any injury report of the injured police men on record or not and in the event if

Patna High Court CR. MISC. No.26342 of 2023(2) dt.16-05-2023 3/3 there is any injury report of any police men, then the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Rishabh/- U T