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Patna High CourtCR. MISC./46607/2024bail granted

Biran Kumar @ Viran Kumar v. The State Of Bihar

2024-08-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46607 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== BIRAN KUMAR @ VIRAN KUMAR SON OF RAJKAPOOR PATEL @ RAJKAPOOR PRASAD @ RAJKAPUR PATEL VILLAGEBELBAGBANAYA TOLA, P.S.- MUFFASIL, DISTT.- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sarvesh Kashyap, Advocate For the State :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, allegation against this petitioner is of commission of assault upon informant by means of dab.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated in this case. Injuries allegedly caused by this petitioner have been found to be simple in nature. There is case and counter-case between the parties. Petitioner claims clean antecedents.

Patna High Court CR. MISC. No.46607 of 2024(2) dt.13-08-2024 2/2

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific accusation of assault against him.

6. Considering the aforesaid facts and circumstances, case and counter-case between the parties, nature of injuries sustained by the injured and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Muffasil P.S. Case No. 1 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T