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Patna High CourtCR. MISC./31031/2024bail granted

Avinash Kumar @ Abinash Sonar @ Abhinash Sonar v. The State Of Bihar

2024-05-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31031 of 2024 Arising Out of PS. Case No.-492 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Avinash Kumar @ Abinash Sonar @ Abhinash Sonar Son of Sri Ram Sonar Resident of Village- Shahpur, Ward No.- 9, P.S- Shahpur, Dist- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Kant For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 148, 149, 332, 333, 337, 338, 353, 188 and 307 of the Indian Penal Code.

3. As per the prosecution case, on the alleged date and time of occurrence, during immersion of idol of Goddess Durga, an altercation took place, in which, informant and others were assaulted by nine F.I.R. named accused persons including this petitioner.

4. Learned counsel for the petitioner submits that the allegation of assault is general and omnibus. The injury report demonstrates that the injuries suffered by the injured are simple in nature. Similarly situated three co-accused persons have

Patna High Court CR. MISC. No.31031 of 2024(2) dt.21-05-2024 2/2 already been extended the privilege of anticipatory bail by a coordinate Bench of this Court, vide order dated 24.04.2024 passed in Cr.Misc. No. 22573 of 2024.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bhojpur at Ara in connection with Shahpur P.S. Case No. 492 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T