Abhishek Kumar @ Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36067 of 2023 Arising Out of PS. Case No.-867 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== ABHISHEK KUMAR @ SANJAY YADAV SON OF SIYAWAR SINGH R/O MUHALLA- NORTH LAKHIBAG, JANAKPUR, P.S.- MUFFASIL, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 504, 506, 34 of the IPC and section 25(1-B)a, 26, 35 of the Arms Act. 3.

Allegedly, the F.I.R. named accused persons including the petitioners came armed with deadly weapons abusing the informant and it is alleged that petitioner has assaulted the informant by means of butt of pistol.

4.

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 due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.36067 of 2023(3) dt.28-08-2023 2/2 place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the other co-accused. The injury was found simple in nature. Petitioner has one criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, 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 Muffasil P.S. Case No.867/22, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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