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Patna High CourtCR. MISC./29996/2023allowed

Umesh Das v. The State Of Bihar

2023-08-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29996 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- PARASBIGHA District- Jehanabad ====================================================== UMESH DAS SON OF LATE RAMESHAR DAS VILLAGE MOHANPUR, P.S. PARASBIGHA, DISTRICT- JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 308 and other allied Sections of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other co-accused persons assaulted the informant by means of several weapons.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have 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 levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. Though the allegation against the petitioner is that he

Patna High Court CR. MISC. No.29996 of 2023(3) dt.17-08-2023 2/2 assaulted the informant by means of lathi but the injury has been opined as simple by the doctor, which is also evident from the injury report, enclosed in the case diary. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as the injury is of simple nature, let the above named petitioner, be released on bail, in the event of his/her 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 Parasbigha P.S. Case No.17 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T