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Patna High CourtCR. MISC./53138/2024allowed

Chhotak Rai v. The State Of Bihar

2024-08-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53138 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== CHHOTAK RAI SON OF KHUBLAL RAI RESIDENT OF VILLAGE - RAGHUNIPATTI, P.S. - SURSAND, DISTRICT - SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP For the Informant :

Mr. Devendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 504, 506, 353, 332, 333/34 of the Indian Penal Code.

3. As per the FIR, allegation against the petitioner is that he assaulted the informant and also thrown his mobile phone.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. Petitioner has been falsely implicated in this case. Learned counsel further submits that the petitioner gave knife blow to the informant on nose but injury report shows that the injury

Patna High Court CR. MISC. No.53138 of 2024(2) dt.28-08-2024 2/2 was found to be simple in nature caused by hard and blunt substance and has not supported the prosecution case. Further, petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case as well as injury report, 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sursand P.S. Case No. 130 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) kiran/- U T