Pravin Kumar Choubey @ Pravin Choubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48357 of 2023 Arising Out of PS. Case No.-140 Year-2023 Thana- BUXAR District- Buxar ====================================================== PRAVIN KUMAR CHOUBEY @ PRAVIN CHOUBEY S/O SATENDRA CHOUBEY @ SATENDRA KUMAR CHOUBEY @ SATYENDRA KUMAR CHOUBEY @ SATYENDRA KUMAR CHAUBEY R/O Gayatri Nagar, Sumeshwar Asthan, P.S- Buxar Town, Distt.- Buxar. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Shankar Pandey For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307, 385, 504 and 506/34 of the Indian Penal Code pending in the learned court below.
3. As per the prosecution case, petitioner along with 4 unknown persons assaulted the informant with leg, fist and danda.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is delay of three days in filing of the present F.I.R. and there is no any explanation of it which creates serious doubt about prosecution case. He submits
Patna High Court CR. MISC. No.48357 of 2023(2) dt.24-08-2023 2/2 that there is no specific overt act against the petitioner. He further submits that the injury found upon the victim is simple in nature. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes for prayer for bail.
6. Considering the nature of the injury, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Buxar Town P.S. Case No.140 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T