Anup Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9485 of 2021 Arising Out of PS. Case No.-408 Year-2020 Thana- MASHRAK District- Saran ====================================================== Anup Kumar, aged about 19 years, Gender-Male, S/o Bigan Rai, Resident of Village- Harpur Jan, P.S.- Mashrak, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Senior Advocate Mr. Bhaskar Shankar, Advocate For the State :

Mr. Akshay Lal Pandit, APP For the Informant :

Mr. Jeetendra Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-09-2021 Heard Mr. Krishna Prasad Singh, learned Senior Counsel for the petitioner duly assisted by Mr. Bhaskar Shankar, learned APP for the State as well as learned counsel appearing on behalf of the informant through virtual court proceedings. Learned Senior Counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 188, 341, 323, 307, 324, 325, 504 and 506 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was added.

Patna High Court CR. MISC. No.9485 of 2021(3) dt.10-09-2021 2/2 The petitioner is alleged to have assaulted the deceased and others along with the co-accused persons. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is case and counter case and allegation against the petitioner is that the petitioner along with other accused persons assaulted the deceased but no specific overt act is alleged against the petitioner. The petitioner is in custody since 19.07.2020 having no criminal antecedent. It is further submitted that the charge-sheet has been submitted in the present case. Learned APP for the State and the learned counsel appearing on behalf of the informant vehemently opposed the prayer for bail of the petitioner.

Having considered the facts aforesaid, let petitioner, above named, be released on bail 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/successor court where the case is pending in connection with Mashrakh P.S. Case No.408 of 2020.

(Anjani Kumar Sharan, J) S.KUMAR/- U T