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Patna High CourtCR. MISC./53125/2024allowed

Suraj Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 53125 of 2024 Arising Out of PS. Case No.-105 Year-2023 Thana- ALIPUR District- Gaya ====================================================== Suraj Kumar son of Maheshi Manjhi Resident of Village- Makhdumpur, P.S. Alipur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 341, 323, 307 and 379 of the Indian Penal Code.

3. As per the FIR, allegation against the petitioner is that he alongwith other co-accused assaulted the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. Petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Learned counsel further submits that there is specific overt act against the co-accused, Chhotu

Patna High Court CR. MISC. No. 53125 of 2024(2) dt.28-08-2024 2/2 Kumar @ Bholu to assault the informant. Petitioner has no criminal antecedent.

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

6. Having regard to 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 lower Court where the case is pending/successor Court in connection with Alipur P.S. Case No. 105 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) kiran/- U T