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Patna High CourtCR. MISC./57123/2023allowed

Ravi Kumar v. The State Of Bihar

2024-02-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57123 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Ravi Kumar Son Of Baliram Singh Resident Of Village - Hasanpur Dumduma, P.S. - Vaishali, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 325, 379, 354B, 427, 504, 506 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other accused persons assaulted the husband of the informant with sword causing finger cut injury to him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to previous enmity. He submits that there is case and counter case between the parties. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner.

Patna High Court CR. MISC. No.57123 of 2023(4) dt.27-02-2024 2/2 He submits that though the learned Sessions Judge has mentioned the injury has been found grievous in nature but it has not been mentioned that whose injury is grievous in nature. He submits that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 01.11.2023 passed in Cr. Misc. No. 50405 of 2023. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the informant opposed the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Vaishali P.S. Case No. 65 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T