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Patna High CourtCR. MISC./57729/2021bail granted

Bikau Das v. The State Of Bihar

2022-03-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57729 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- PUNAURA District- Sitamarhi ====================================================== BIKAU DAS Son of Late Tripit Das Resident of Village - Pamara, P.S. - Punaura, District - Sitamarhi (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Syed Ehteshamuddin, APP For the Informant :

Mr. Vishal Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 307, 504, 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the petitioner assaulted the informant due to which he sustained injury.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against

Patna High Court CR. MISC. No.57729 of 2021(2) dt.11-03-2022 2/2 the petitioner. The petitioner has falsely been implicated in the present case. As per the prosecution case, the petitioner is said to have given knife blow on the head of the informant. From perusal of the injury report, it appears that the doctor has found injury caused by hard and blunt substance and the nature of injury is said to be simple. The injury report does not support the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Sitamarhi in connection with Punaura P.S. Case No. 139 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T