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Patna High CourtCR. MISC./31975/2022allowed

Narendra Kumar @ Nagendra Kumar @ Putush v. The State Of Bihar

2023-01-23Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31975 of 2022 Arising Out of PS. Case No.-178 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== NARENDRA KUMAR @ NAGENDRA KUMAR @ PUTUSH S/o Krish Nandan Singh @ Krish Nandan Sharma Resident of Village- Poar, P.S.- Harnaut, District- Nalanda, at present- near Anand International School, Zakariapur, P.S.- Gopalpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad Mr. Raj Krishan Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 384, 387, 427, 504, 506 of the Indian Penal Code and section 27 of Arms Act.

As per the FIR, the informant has alleged that on his construction side, the accused persons came and demanded extortion and upon protest, he was assaulted. The petitioner was identified as a person who was firing.

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

Patna High Court CR. MISC. No.31975 of 2022(5) dt.23-01-2023 2/3 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 allegation of assault levelled against the petitioner to cause any such injury with intent to kill anyone. He further submits that informant is not the owner of the land and the informant and his brother got the sale deed with respect to land executed through a fake person. He further submits that similarly situated co-accused persons have been granted bail by a co-ordinate Bench of this Court vide order dated 01.09.2022 passed in Cr. Misc. No.27734 of 2022. Petitioner has three criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, as the injuries are found simple in 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 Agamkuan P.S. Case No.178 of 2022, subject to the conditions

Patna High Court CR. MISC. No.31975 of 2022(5) dt.23-01-2023 3/3 as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T