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Patna High CourtCR. MISC./51044/2022bail granted

Ujaran Musahar @ Manoo Musahar v. The State Of Bihar

2023-01-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51044 of 2022 Arising Out of PS. Case No.-146 Year-2022 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== UJARAN MUSAHAR @ MANOO MUSAHAR SON OF CHIRKUT MUSAHAR R/O VILLAGE- MOKARAM, P.S.- BHAGWANPUR, DISTRICT- KAIMUR AT BHABUA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 341, 323, 307, 354B, 504, 506 and 379 read with 34 of the Indian Penal Code. As per the prosecution case, allegation against the petitioner is to assault on the head of the informant with iron rod.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.51044 of 2022(2) dt.10-01-2023 2/2 the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner by submitting that there is specific allegation of assault against the petitioner on vital part of the body but the injury is simple in nature. Considering the aforesaid facts and circumstances of the case as well as the simple nature of the injury, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Kaimur at Bhabua in connection with Bhagwanpur P.S. Case No. 146 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T