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Patna High CourtCR. MISC./62543/2021allowed

Amar Kumar @ Golu Kumar v. The State Of Bihar

2022-07-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62543 of 2021 Arising Out of PS. Case No.-138 Year-2021 Thana- PALIGANJ District- Patna ====================================================== AMAR KUMAR @ GOLU KUMAR S/O BABLU SINGH R/o villageFatehpur, P.S.- Paliganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 452, 323, 324, 407, 504, 354, 307, 380 & 34 of the Indian Penal Code.

Allegedly, the F.I.R. named accused persons including the petitioner came abusing at the door of the informant, then she closed her door but the accused persons broke the door and assaulted the informant's husband by sharp weapon, due to which he fell down. They also started flirting with the informant and her daughter and snatched the mobile and gold ornaments. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.62543 of 2021(2) dt.11-07-2022 2/2 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties and both sides have sustained injuries. The injuries are simple in nature. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is case and counter case between the parties and the injuries are simple in nature, 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 Paliganj P.S. Case No.138 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T