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Patna High CourtCR. MISC./50049/2023allowed

Shree Bhagwan Sah @ Bhagwan Sah v. The State Of Bihar

2023-08-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50049 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== SHREE BHAGWAN SAH @ BHAGWAN SAH S/O LATE JAGDISH SAH R/O VILLAGE- SALAHAN, PS. GOVINDGANJ, DIST. EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manjeet Kumar Mishra For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard the parties.

2. Office is directed to trace out the supplementary affidavit filed by the learned counsel for the petitioner and place it on record.

3. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 307, 354B, 379 and other allied sections of the Indian Penal Code.

4. The allegation against the petitioner is that he along with other co-accused person assaulted the informant's side and also snatched golden ornaments and cash from the informant.

5. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.50049 of 2023(3) dt.29-08-2023 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that the injuries are simple in nature. Petitioner has no criminal antecedent.

6. Learned APP for the State opposed the prayer for anticipatory bail.

7. Having regard to the facts and circumstances of the case as well as considering the nature of injury, let the above named petitioner, be released on bail, in the event of his/her 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 Govindganj P.S. Case No.31 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T