Indal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42812 of 2023 Arising Out of PS. Case No.-225 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== INDAL KUMAR SON OF NAWAL KISHORE VERMA @ LAKHPATI VERMA VILLAGE ABGILLA, PS- NAUBATPUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 Heard the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 326, 307 and other allied Sections of the Indian Penal Code.

3.

As per the prosecution story, the informant has alleged that when he went near his boring, he saw the persons were illegally running motor by stealing electricity and upon protest, they assaulted the informant.

3.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the

Patna High Court CR. MISC. No.42812 of 2023(2) dt.10-08-2023 2/2 petitioner. The specific allegation is against the co-accused namely, Golu @ Nitish Kumar to assault the informant. He further submits that similarly situated co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 02.01.2023 passed in Cr. Misc. No.45775 of 2022. Petitioner has one criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his/her 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 Naubatpur P.S. Case No.225 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T