Patna High CourtCR. MISC./58255/2023allowed

Arjun Ray @ Arjun Kumar Ray v. The State Of Bihar

2023-09-20Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58255 of 2023 Arising Out of PS. Case No.-273 Year-2021 Thana- GARKHA District- Saran ====================================================== Arjun Ray @ Arjun Kumar Ray, aged about 23 years, Male Son of Surendra Ray, Resident of Garkha, P.S.- Garkha, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Garkha P.S. Case No. 273 of 2021 dated 15.04.2021 instituted for the offence punishable under Sections 147, 148, 149, 323, 307, 380, 448 and 504 of the Indian Penal Code.

3. The allegation against the petitioner is of snatching the gold chain from the neck of the son of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent has been falsely implicated in this case due to land dispute. There is general and omnibus allegation against the petitioner. The main allegation is against co-accused Bhola Bharti, who assaulted the informant with knife. It is submitted that the occurrence had taken place on 08.04.2021 but

Patna High Court CR. MISC. No.58255 of 2023(2) dt.20-09-2023 2/2 the fard beyan was lodged on 11.04.2021 and the FIR has been lodged on 15.04.2021 without assigning any reason. Petitioner has no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Saran at Chapra in connection with Garkha P.S. Case No. 273 of 2021, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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