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Patna High CourtCR. MISC./58480/2023allowed

Krishna Prasad v. The State Of Bihar

2023-11-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58480 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- AUANGARI District- Nalanda ====================================================== 1.

Krishna Prasad Son Of Late Abhicharan Prasad Resident Of Village - Bans Bigha, P.S. - Aungari (Pir Bigha), Distt. - Nalanda 2.

Vikash Kumar Son Of Vijay Prasad Resident Of Village - Bans Bigha, P.S. - Aungari (Pir Bigha), Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lovekush Kumar For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 379, 427, 504 of the Indian Penal Code.

3. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant's side.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.58480 of 2023(3) dt.09-11-2023 2/2 there is case and counter case between the parties and both sides have sustained injuries. He further submits that the injury was found simple in nature, a copy of the injury report is enclosed as Annexure-3 series to the this application. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the nature of the injury, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Aungari (Pir Bigha) P.S. Case No.61 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T