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Patna High CourtCR. MISC./4415/2021bail granted

Onkar Ravidas @ Onkar Das v. The State Of Bihar

2021-11-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4415 of 2021 Arising Out of PS. Case No.-99 Year-2020 Thana- BARHAT District- Jamui ====================================================== ONKAR RAVIDAS @ ONKAR DAS SON OF GOPAL RAVIDAS R/O VILLAGE- BHANDRA, P.S.-BARHAT, DISTRICT- JAMUI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad, Advocate For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-11-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barhat P.S. Case No. 99 of 2020 for the offence registered under Sections 147, 148, 149, 447, 341, 323, 354, 307, 504 and 506 of the Indian Penal Code.

The allegation is regarding the the accused persons having assaulted the informant by means of fists and slaps. It is further alleged that as far as the petitioner is concerned, he had pushed the informant on the ground and torn her blouse. The learned counsel for the petitioner has submitted that except the petitioner all the other co-accused persons have been granted bail. It is further submitted that the petitioner is innocent and a general and omnibus allegation has been levelled against the petitioner with oblique motive, however, the fact is

Patna High Court CR. MISC. No.4415 of 2021(2) dt.22-11-2021 2/2 that the occurrence in question has never taken place. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that no allegation has been levelled against the petitioner regarding him having assaulted the informant and only an obnoxious sort of allegation has been levelled against the petitioner, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamui in connection with Barhat P.S. Case No. 99 of 2020 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T