Tarun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38420 of 2022 Arising Out of PS. Case No.-380 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Tarun Kumar S/O Late Shivdani Yadav Resident Of Village- Beldariya, P.S.- Warisalinganj, District- Nawada.

2.

Nitish Kumar S/O Late Shivdani Yadav Resident Of Village- Beldariya, P.S.- Warisalinganj, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Learned counsel for the petitioners submits that the petitioner no. 1 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 1.

Permission is granted.

Accordingly, this application with regard to petitioner no. 1 is dismissed as withdrawn.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State for consideration of bail with regard to petitioner no. 2.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will

Patna High Court CR. MISC. No.38420 of 2022(2) dt.15-11-2022 2/3 place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code.

Petitioner is said to have assaulted the informant on head with intention to kill.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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

Patna High Court CR. MISC. No.38420 of 2022(2) dt.15-11-2022 3/3 learned court below where the case is pending/successor court in connection with Warisaliganj P.S. Case No. 380 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T