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Patna High CourtCR. MISC./48534/2023allowed

Prashant Kumar @ Golu Kumar v. The State Of Bihar

2023-10-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48534 of 2023 Arising Out of PS. Case No.-373 Year-2022 Thana- NARDIGANJ District- Nawada ====================================================== PRASHANT KUMAR @ GOLU KUMAR S/o Upendra Singh R/o Resident of village-Fazilpur, P.S.-Nardiganj, District ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. Allegedly, petitioner along with other co-accused persons, armed with deadly weapons entered the Toto showroom and dragged the informant out from there and assaulted him. Petitioner is said to have assaulted him with Khanti causing injury on his abdomen.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.48534 of 2023(5) dt.12-10-2023 2/2 there is no specific overt act against the petitioner. Similarly situated co-accused has been enlarged on bail by this Court vide order dated 09.05.2023 passed in Cr. Misc. No. 9081 of 2023. Petitioner has two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering 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 Nardiganj P.S. Case No. 373 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T