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Patna High CourtCR. MISC./30002/2023bail granted

Inter Kumar @ Kumar Samanway v. The State Of Bihar

2023-07-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30002 of 2023 Arising Out of PS. Case No.-89 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== INTER KUMAR @ KUMAR SAMANWAY S/O SHAMBHU BHAGAT R/O Mohalla- Chankya Bihar Colony, P.S- Barari, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad, Adv.

For the Opposite Party/s :

Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 325, 448, 354, 34 IPC. The allegation against the petitioner is that he along with other accused persons have indiscriminately assaulted the informant's side.

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 leveled against the petitioner is not specific rather general and omnibus in nature. For a pity dispute, scuffle took place

Patna High Court CR. MISC. No.30002 of 2023(2) dt.14-07-2023 2/2 between the parties and the informant's side are the aggressors. It is further submitted that charge sheet has been submitted against the petitioner and except section 354 IPC, other sections are bailable and there is no allegation against the petitioner to tamper the witnesses. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 Kotwali (Barari) P.S. Case No.89/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T