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Patna High CourtCR. MISC./42193/2022allowed

Surya Narayan Mehta @ Suraj Kumar Mehta @ Suraj Kumar v. The State Of Bihar

2022-12-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42193 of 2022 Arising Out of PS. Case No.-55 Year-2021 Thana- BALUA BAZAR District- Supaul ====================================================== Surya Narayan Mehta @ Suraj Kumar Mehta @ Suraj Kumar Son Of Gugali Mehta Resident Of Village - Balua Bazar, P.S.- Balua Bazar, Distt.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Balua (Bazar) P.S. Case no. 55 of 2021 instituted for the offence under Sections 341, 323, 324, 448, 307, 379, 504, 506/34 of the Indian Penal Code.

Prosecution story is that the petitioner including FIR named accused persons being armed with deadly weapon entered into the house of informant with intention to kill him and started assaulting him due to which he sustained injuries. It is further alleged that the petitioner pointed out three-knot on the temple of informant and threatened him.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.42193 of 2022(2) dt.07-12-2022 2/2 offence. He has got no criminal antecedent. He has falsely been made accused in this case. It is apparent that the petitioner pointed out three-knot on the temple of informant but there is no material found of firing and police has not recovered any firearm or cartridges from the place of occurrence. It is further submitted that petitioner was not sent up for trial. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Balua Bazar P.S. Case no. 55 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Supaul subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T