Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36741 of 2022 Arising Out of PS. Case No.-139 Year-2020 Thana- SANGRAMPUR District- Munger ====================================================== SUBHASH KUMAR Son of Gorelal Singh Resident of Village - Rajadih, P.S.- Sangrampur (Tetia Bambar), District - Munger, Bihar, Pin - 811213 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manohar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 324, 302 and 504 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on account of assault by the accused persons including the petitioner, his father died on way to the hospital. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that he was not even present at the place of occurrence and even the allegation of assault is general and omnibus in nature and it appears that informant is not an eye witness to the occurrence or else he would have specifically

Patna High Court CR. MISC. No.36741 of 2022(2) dt.30-11-2022 2/2 stated that who assaulted his father.

Learned counsel for the petitioner next submits that similarly situated co-accused Pramod Kumar has been granted anticipatory bail by a learned Co-ordinate Bench by order dated 29.03.2022 in Criminal Miscellaneous No. 36629 of 2021 as such parity should be maintained.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sangrampur P.S. Case No. 139 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T