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Patna High CourtCR. MISC./42206/2022allowed

Amit Kumar Roy @ Amit Kumar @ Monu v. The State Of Bihar

2023-02-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42206 of 2022 Arising Out of PS. Case No.-331 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== AMIT KUMAR ROY @ AMIT KUMAR @ MONU Son of Hari Narayan Roy Resident of village - Birpur, P.S.- Laukaha (lalmaniya O.P.), District - Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Yogesh chandra Verma, Sr. Advocate Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2023 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. It is alleged that the petitioner assaulted the informant and his uncle with lathi and danda and snatched gold chain value of Rs. 35,000/- from the uncle of the informant. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It

Patna High Court CR. MISC. No.42206 of 2022(3) dt.17-02-2023 2/2 was not the petitioner who had assaulted the informant or his family members, rather it was the informant as well as his other associates, who had brutally assaulted the petitioner and his family members and in order to save their skin has instituted the present false FIR. It is further submitted that there is case and counter case between the parties. Both sides have sustained injury and the injury report shows that injuries are simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 Laukaha (Lalmaniya O.P) P.S. Case No. 331 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) gauravkr/Trivedi U T