Birendra Sao @ Bitish Sao @ British Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49718 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== Birendra Sao @ Bitish Sao @ British Sao S/O Late Banshi Sao R/O VillageHarli Kala, Ps. Bodhgaya, Dist. Gaya (BIHAR) ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shashi Priya, Advocate Ms. Pankhuri, Mr. R.Raman, Advocate For the Opposite Party/s :
Mr.Raj Kishor Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/337/338/504/506 and other allied sections of the Indian Penal Code.
3. As per the prosecution case, while the informant was going for immersion of Sarswati idol, all the FIR named accused persons including this petitioner assaulted the informant and others. This petitioner is alleged to have assaulted Anil Yadav with lathi causing injuries on the hand and thigh.
4. Learned counsel appearing for the petitioner submits that there is no injury report on the record with respect to said Anil Yadav said to have been assaulted by the petitioner. Petitioner claims clean antecedent. Co-accused, with similar allegation, has already been allowed pre-arrest bail by a coordinate bench of this Court vide order passed in Cr.Mis.No. 34454/2023.
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of
Patna High Court CR. MISC. No.49718 of 2023(2) dt.23-08-2023 2/2 arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 the Judicial Magistrate 1st class, Gaya in Bodhgaya Police Station Case No. 107 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T