Harsh Kumar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34417 of 2021 Arising Out of PS. Case No.-301 Year-2020 Thana- GAYA MUFASIL District- Gaya ====================================================== Harsh Kumar @ Bittu Son of Raghvendra Sharma @ Raghvendra Kumar Resident of Mohalla - Lakhibagh, P.S.- Muffasil, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through the virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506, 308 and 379/34 of the Indian Penal Code. The accusation against the petitioner is of assaulting

Patna High Court CR. MISC. No.34417 of 2021(3) dt.03-03-2022 2/3 the informant with fists, foot and lathi, as a result, the informant received bleeding injury. The accusation of snatching gold chain of the informant has also been levelled against the petitioner. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. The case diary reflects that the informant has received injury which is simple in nature and no overt act has been alleged against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case and the fact that no overt act has been alleged against the petitioner and the injury of the informant has been found to be simple in nature, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of 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 Muffasil P.S. Case

Patna High Court CR. MISC. No.34417 of 2021(3) dt.03-03-2022 3/3 No. 301 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U