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Patna High CourtCR. MISC./31905/2023bail granted

Amarnath Baitha v. The State Of Bihar

2023-07-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31905 of 2023 Arising Out of PS. Case No.-514 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== AMARNATH BAITHA Son of Bijalee Baitha @ Bijali Baitha Resident of village - Rampur, Gangauli, P.S. - Riga, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 323, 341, 379, 354, 307, 427, 504, 506/34 of the Indian Penal Code.

3. As per FIR, this petitioner assaulted on the head of the husband of the informant with axe.

4. It is submitted on behalf of the petitioner that the present case is the counter-blast of the Complaint Case No. C1/1333/2022. F.I.R. has been lodged after a delay of four days and there is no explanation for the same which itself creates doubt about the veracity of the occurrence. Petitioner has got clean antecedent.

5. Learned counsel for the State opposes the bail

Patna High Court CR. MISC. No.31905 of 2023(2) dt.20-07-2023 2/2 petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned ACJM VI, Sitamarhi in connection with Riga P.S. Case No. 514 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Alok Verma/- U T