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Patna High CourtCR. MISC./50616/2023allowed

Jai Shankar Kumar @ Jay Shankar Kumar @ Thela @ Dela v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50616 of 2023 Arising Out of PS. Case No.-139 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Jai Shankar Kumar @ Jay Shankar Kumar @ Thela @ Dela Son Of Ajay Singh Resident Of Village - Kari Sowa, P.S. - Wazirganj, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 385 and 504/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner along with other co-accused person has said to have assaulted the informant and his nephew by means of iron rod. It is further alleged that they have also demanded sum of Rs.2,00,000/- as ransom.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is the petitioner and the informant are own Gotia and there is some land dispute is going on between them since long back. He submits that there is case

Patna High Court CR. MISC. No.50616 of 2023(2) dt.29-08-2023 2/2 and counter case between the parties. He further submits that the injuries found upno the victims are simple in nature. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the aforesaid facts and circumstances and the fact that the injuries found upon the victims are simple in nature, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Wazirganj P.S. Case No.139/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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