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Patna High CourtCR. MISC./55597/2023allowed

Marshal Kumar v. The State Of Bihar

2023-10-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55597 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- ISLAMPUR District- Nalanda ====================================================== Marshal Kumar S/O Rajnandan Das Resident Of Village- Haidarchak, Police Station- Islampur, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other co-accused persons assaulted the informant's side by means of lathi-danda, and also snatched Rs. 1,50,000/-, a golden chain and mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the injured Rajig Kumar, Sudhir Kumar have received simple

Patna High Court CR. MISC. No.55597 of 2023(3) dt.09-10-2023 2/2 injury and injured Jagdish Prasad has received altogether eight injury and expect injury no. 8 all injuries are simple in nature. Petitioner has criminal antecedent as mentioned by way of supplementary affidavit.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, 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 Islampur P.S. Case No. 177 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T