Abdhesh Kumar @ Tarpan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7455 of 2021 Arising Out of PS. Case No.-106 Year-2020 Thana- PIRI BAZAR District- Lakhisarai ====================================================== ABDHESH KUMAR @ TARPAN S/o Sri Bangali Pal @ Bangali Bhagat R/o village- Maniyarchak, P.S.- Pari Bazar, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murli Dhar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in Piri Bazar P.S. Case No. 106 of 2020 registered for the offence under Sections 341, 323, 325, 307, 504 and 506/34 of the Indian Penal Code. Allegedly, while the informant was playing, the accused persons having iron rod came there and started assaulting him as a result of which, he sustained injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. From perusal of order of the Sessions court, it appears that no injury report was available on

Patna High Court CR. MISC. No.7455 of 2021(2) dt.24-08-2021 2/2 record to support the allegation made in the FIR. Hence the allegation of assault becomes doubtful and same cannot be relied upon.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned learned Sub Divisional Judicial Magistrate, Lakhisarai in connection with Piri Bazar P.S. Case No. 106 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T