Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38382 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== ABHISHEK KUMAR S/O RAM BALAK SAH R/O Village- Dhampur (Dharmapur), P.S- Sahebganj, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, A.P.P.
For the Informant :
Mr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2023 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.
3. Prosecution case, in brief, is that this petitioner took Rs. 15,000/- from the informant three years ago and despite several requests he was not returning the same to the informant. It is alleged that when the informant went to take his money back, then father of the petitioner, namely, Ram Balak Sah along with other accused persons assaulted the informant on his head by means of iron rod.
4. It is submitted that simple altercation took place between the parties due to money dispute. Specific accusation of
Patna High Court CR. MISC. No.38382 of 2023(2) dt.27-07-2023 2/2 assault is against co-accused Ram Balak Sah and so far this petitioner is concerned, there is no allegation of overt act against him. Case and counter case. Petitioner has got clean antecedent.
5. Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Judicial Magistrate, 1st Class, Muzaffarpur in connection with Sahebganj P. S. Case No. 47 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T