Aman Jeya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47316 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

AMAN JEYA SON OF ZEYAUL HAQUE RESIDENT OF INDRAGACHI, P.S. - SANGRAMPUR, DISTRICT - EAST CHAMPARAN 2.

SHAHID JEYA SON OF ZEYAUL HAQUE RESIDENT OF INDRAGACHI, P.S. - SANGRAMPUR, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard the parties.

2. Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.1.

3. Permission is granted.

4. Accordingly, this application is dismissed as withdrawn.

5. Now, this application is being heard with regard to the petitioner no.2 only.

6. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 307, 379 and other allied Sections of the Indian Penal Code.

7. The allegation against the petitioner is that he along

Patna High Court CR. MISC. No.47316 of 2023(2) dt.24-08-2023 2/3 with other co-accused persons assaulted the informant and his brother and other family members due to which they sustained injuries.

8. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that the allegation against the petitioner no.2 is that he assaulted the brother of the informant and the nature of injury has been opined as simple. Petitioner has no criminal antecedent.

9. Learned APP for the State opposed the prayer for anticipatory bail.

10. Having regard to the facts and circumstances of the case as the nature of injury is simple, let the above named petitioner no.2, be released on bail, in the event of his/her 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

Patna High Court CR. MISC. No.47316 of 2023(2) dt.24-08-2023 3/3 Sangrampur P.S. Case No.43 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

11. This application is, accordingly, partly allowed. (Anjani Kumar Sharan, J) shikha/- U T