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Patna High CourtCR. MISC./24213/2023allowed

Abhinash Kumar v. The State Of Bihar

2023-07-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24213 of 2023 Arising Out of PS. Case No.-360 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

Abhinash Kumar S/O Ajit Singh @ Ajit Kumar Singh @ Ajit Kumar Resident Of Village- Nagariyawan, P.S.- Khizersarai, District- Gaya. 2.

Abhimannu Kumar @ Manish Kumar @ Abhimanyu Kumar Solanki S/O Late Ram Pravesh Singh Resident Of Village- Laluadih, P.S.- Telmar District- Nalanda, At Present At Manpur Station Road, Kamalpur, P.S.- Mufassil, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 342, 323, 325, 307, 379 and 504 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, allegation against the petitioner is that he assaulted the informant and her family members.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is specific allegation of

Patna High Court CR. MISC. No.24213 of 2023(2) dt.07-07-2023 2/2 assault on the forehead of Gautam Kumar by means of iron rod is against, Manish Kumar @ Abhimannu Kumar (petitioner no.2) not against the petitioner no.1 and there is general and omnibus allegation levelled against the petitioner. He further submits that petitioners have criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Buniyadganj P.S. Case No.360/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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