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Patna High CourtCR. MISC./30176/2023bail granted

Raj Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30176 of 2023 Arising Out of PS. Case No.-304 Year-2021 Thana- KHIJARSARAI District- Gaya ====================================================== Raj Kumar Son Of Ramashray Prasad R/O Village- Chirali, P.S.- Khizersarai, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 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 offences punishable under Section 147, 341, 308, 323, 504, 506 of the Indian Penal Code.

3. Allegedly, on account of some altercation, the accused persons named in the F.I.R. including the petitioner abused and assaulted the informant and her son.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is specific overt act against the co-accused Shakti Paswan who fired upon the informant. Similarly situated co-accused,

Patna High Court CR. MISC. No.30176 of 2023(2) dt.14-07-2023 2/2 have been enlarged on bail by this Court vide order dated 02.01.2023 passed in Cr. Misc. No. 56831 of 2022 and vide order dated 03.01.2023 passed in Cr. Misc. No. 59367 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Considering 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 Khizersarai P.S. Case No. 304 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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