Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48271 of 2022 Arising Out of PS. Case No.-18 Year-2020 Thana- HALSI District- Lakhisarai ====================================================== Pawan Kumar S/O Bahadur Yadav Resident of village- Rata Konag, P.S.- Halsi, District- Lakhisarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Mukesh Kumar, Advocate For the Opposite Party :

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 302/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused brutally assaulted the son of the informant, who later died during the course of the treatment. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case and not named in the F.I.R. The petitioner has no criminal antecedent. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Learned counsel

Patna High Court CR. MISC. No.48271 of 2022(2) dt.06-12-2022 2/2 for the petitioner further submits that there is no specific overt act against the petitioner. The specific allegation is against coaccused Masudan Yadav and Nilesh Kumar. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State vehemently opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner be released on bail, in the event of his 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 Halsi P.S. Case No. 18 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Shahnawaz/- U T