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Patna High CourtCR. MISC./57306/2024allowed

Brajesh Kumar @ Brajesh Ram v. The State Of Bihar

2024-09-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57306 of 2024 Arising Out of PS. Case No.-461 Year-2023 Thana- UCHKAGAON District- Gopalganj ====================================================== Brajesh Kumar @ Brajesh Ram S/O Chandrika Ram R/O VillageChakyoga,P.s.-Uchkagaon,Distt-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2024 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, 307, 325 and 504/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the informant by means of lathi.

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 it is apparent from the impugned order that one injury was found grievous in nature and the petitioner is not the author of

Patna High Court CR. MISC. No.57306 of 2024(2) dt.11-09-2024 2/2 the said injury. Similarly situated co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 29.07.2024 passed in Cr. Misc. No. 45116 of 2016. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case and the fact that similarly situated co-accused has been granted anticipatory by a Co-ordinate Bench of this Court, 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 Uchkagaon P.S. Case No. 461 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