Ajay Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63354 of 2024 Arising Out of PS. Case No.-210 Year-2020 Thana- PARWALPUR District- Nalanda ====================================================== Ajay Malakar, Son of Ram Kishun Malakar @ Kishun Malakar, Resident of Village - Parbalpur, P.S.- Parbalpur, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-10-2024

1. Heard Mr. Bipin Kumar, learned counsel for the petitioner and Mr. Anil Prasad Singh, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Parwalpur P.S. Case No. 210 of 2020 dated 08.08.2020 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

3. Learned counsel appearing for the petitioner submits that the petitioner is a 60 years old person and the allegation as to assaulting the prosecution party is completely vague in the FIR and any specific role of the petitioner in assaulting prosecution party has not been revealed and regarding the manner of use of the alleged weapons, the FIR is also vague. Learned counsel further submits that as per the order impugned,

Patna High Court CR. MISC. No.63354 of 2024(2) dt.05-10-2024 2/2 all the injured persons sustained simple injuries and co-accused persons have been granted bail by the trial court itself and there is case and counter case between both the parties.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly the facts that regarding the alleged assault, there is no specific allegation against the petitioner and in between both the parties, there is case and counter case, and also, petitioner's old age, this Court is inclined to accept his anticipatory bail prayer. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Parwalpur P.S. Case No. 210 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) annu/- U T