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Patna High CourtCR. MISC./55009/2022allowed

Rohit Kumar v. The State Of Bihar

2023-01-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55009 of 2022 Arising Out of PS. Case No.-135 Year-2022 Thana- ATHMALGOLA District- Patna ====================================================== ROHIT KUMAR SON OF SURENDRA RAM @ SANJAY RAM R/O VILLAGE- KEDARCHAK, DAULATPUR, P.S.- ATHMALGOLA, DISTT.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with his family members assaulted the informant's side. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have 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 levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that the from the perusal of the injury report of the the informant and his father, it is clear that the injuries are simple in nature. He further submits that the petitioner is

Patna High Court CR. MISC. No.55009 of 2022(2) dt.02-01-2023 2/2 handicapped by his legs and it is not possible for him to assault the informant. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as there is a civil dispute between the parties, let the above named petitioner, be released on bail, in the event of his/her 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 Athmalgola P.S. Case No.135 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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