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Patna High CourtCR. MISC./67320/2021allowed

Sanjeev Kumar @ Golu Kumar v. The State Of Bihar

2022-08-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67320 of 2021 Arising Out of PS. Case No.-154 Year-2016 Thana- NAUBATPUR District- Patna ====================================================== SANJEEV KUMAR @ GOLU KUMAR Son of Umakant Sharma Resident of Village - Chhotki Kopa, P.S.- Naubatpur, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Naubatpur P.S. Case No.154 of 2016, registered for the offences punishable under Sections 341, 323, 307, 379, 427 and 34 of the Indian Penal Code.

Co-accused, Mantu is said to have assaulted the informant by means of rod on his head causing head injury and taken away cash of Rs.18,000-19,000/- kept in the counter of the shop.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. It is submitted that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.67320 of 2021(3) dt.22-08-2022 2/3 present case. It is further submitted that the petitioner has got one criminal antecedent as stated in paragraph-3 of the bail application. During investigation, the petitioner has been made accused in the present case, therefore, he filed the present anticipatory bail application. Learned counsel for the petitioner further submits that the specific allegation is against co-accused, Mantu Kumar. It is submitted that the petitioner is made accused in the present case on the basis of parentage given in the FIR. The prayer for anticipatory bail of the petitioner has been rejected by the learned court below on the ground that the petitioner has preferred his anticipatory bail petition after lapse of five years and four months.

The learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Danapur, Patna in connection with Naubatpur P.S. Case No.154 of 2016, subject to the conditions laid down under Section

Patna High Court CR. MISC. No.67320 of 2021(3) dt.22-08-2022 3/3 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T