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Patna High CourtCR. MISC./43602/2022allowed

Munchun Kumar @ Shyam Krishna Kamal v. The State Of Bihar

2023-03-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43602 of 2022 Arising Out of PS. Case No.-8 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== Munchun Kumar @ Shyam Krishna Kamal S/O Arun Kumar Singh @ Arun Singh Resident Of Village And P.S.- Bhaktiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP For the Informant Mr. Lal Babu Singh, Adv.

Mr. Harsh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 34 of the Indian Penal Code.

As per FIR, while the informant was playing cricket in Bhaktiyarpur Block field along with his friends, petitioner along with other started abusing the informant. Petitioner with an intention to kill assaulted the informant with bat due to which he received injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.43602 of 2022(6) dt.13-03-2023 2/2 case. He submits that the injury found upon the victim is simple in nature which is clear from the affidavit filed by the State. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Bhaktiyarpur P.S. Case No. 08 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The personal appearance of S.H.O. and I.O., Bhaktiyarpur police station is dispensed with. (Anjani Kumar Sharan, J) devendra/- U T