Satendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55507 of 2024 Arising Out of PS. Case No.-319 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Satendra Kumar Son Of Sadhu Gope Village- Baikathpur, Ps- Khushrupur, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar For the Opposite Party/s :
Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 307, 353 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that that on information, he reached the place of occurrence to pacify the fight which occurred between two groups, further, accused persons started throwing glass bottle which hit the informant, causing injury on leg and the petitioner, along with other accused persons, was identified by the Chowkidar and the local police.
Patna High Court CR. MISC. No.55507 of 2024(2) dt.03-09-2024 2/3
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant, it is further submitted that allegation of throwing bottle is general and omnibus in nature, it is next submitted that it is not the case of the informant that it was petitioner who threw the bottle causing injury on his leg.
5. The learned counsel for the petitioner, thereafter, fairly submits that co-accused/Birendra Yadav had moved this Court seeking anticipatory bail by filing Cr. Misc. No. 53541 of 2024, but the same was rejected by an order dated 28.08.2024. It is next submitted that this Court rejected the anticipatory bail application of Birendra Yadav after taking into consideration his criminal antecedent of three cases when the petitioner herein is a person with clean antecedent.
6. The learned APP for the State opposes the anticipatory bail application of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000 /- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.55507 of 2024(2) dt.03-09-2024 3/3 satisfaction of the learned Ms. Pratima Kumari, JMFC, Patna City in connection with Khushrupur P.S. Case No. 319 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
(Satyavrat Verma, J.) Sudhanshu/- U T