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Patna High CourtCR. MISC./48988/2023bail granted

Akshay Kumar v. The State Of Bihar

2023-08-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48988 of 2023 Arising Out of PS. Case No.-479 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== AKSHAY KUMAR Son of Arun Kumar Resident of village - Thikraur, P.S. - Makhdumpur, Distt. - Jehanabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 At the outset, learned counsel for the petitioner seeks permission to make correction in the prayer portion of the main petition wherein police case number has been wrongly typed as 'P. S. Case No. 479 of 2023' instead of 'P. S. Case No. 479 of 2022'.

2. Permission granted. Let police case number in the prayer portion of the petition be read as 'P. S. Case No. 479 of 2022'.

3. Heard learned counsel for the petitioner and the State.

4. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 325, 326, 379 of the Indian Penal Code.

5. As per prosecution case, this petitioner assaulted

Patna High Court CR. MISC. No.48988 of 2023(2) dt.22-08-2023 2/2 the informant with iron rod as a result of which she sustained fracture on her hands.

6. It is submitted that petitioner has falsely been implicated in this case merely because he happens to be son of co-accused Arun Kumar with whom, informant was on inimical terms. Both parties are gotiyas and there is dispute over pathway between them. Police after investigation submitted final form against the petitioner. Petitioner is a student and has got clean antecedent.

7. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Jehanabad in connection with Makhdumpur (Tehta O.P.) P. S. Case No. 479 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T