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Patna High CourtCR. MISC./43007/2022allowed

Pramod Kumar v. The State Of Bihar

2022-12-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43007 of 2022 Arising Out of PS. Case No.-92 Year-2021 Thana- BELCHHI District- Patna ====================================================== PRAMOD KUMAR Son of Late Panchu Prasad Resident of Village - Korari, P.s.- Belchhi, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 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 Belchhi P.S. Case no. 92 of 2021 instituted for the offence under Sections 341, 327, 323, 308, 379, 504 and 34 of the Indian Penal Code.

As per allegation in the FIR, while the informant went to bring milk, petitioner and co-accused Suresh Prasah brutally assaulted the informant and took away his gold chain with locket.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is case and counter between the parties. Due to

Patna High Court CR. MISC. No.43007 of 2022(2) dt.09-12-2022 2/2 previous enmity, petitioner has been falsely implicated in the present case. Total four injuries were received by the informant out of which three are simple in nature caused by hard blunt substance. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of 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 Belchi P.S. Case no. 92 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 SDJM, Barh subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U