Om Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33293 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== OM PRAKASH KUMAR Son of Ravibhushan Sharma @ Ravibhushan Kumar Resident of village - Mai, P.S. - Khizersarai, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No2 For the Opposite Party/s :
Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2023 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 Sections 147, 341, 323, 307, 379 and 506 of the Indian Penal Code.
3. The allegation against the petitioner is that he along with other co-accused persons armed with several weapons assaulted the brother of the informant and caused him injury and also took always all the gold jewellery worth Rs. 2,30,000/-.
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. There is no
Patna High Court CR. MISC. No.33293 of 2023(2) dt.24-07-2023 2/2 specific overt act against the petitioner. Similarly situated coaccused has been enlarged on bail by this Court vide order dated 05.05.2023 passed in Cr. Misc. No. 4519 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. 208 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T