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Patna High CourtCR. MISC./67409/2021allowed

Atul Bhanu v. The State Of Bihar

2022-07-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67409 of 2021 Arising Out of PS. Case No.-191 Year-2021 Thana- RAJIVNAGAR District- Patna ====================================================== ATUL BHANU Son of Manoj Kr. Ujjwal Resident of Village - Keshrawana Dih, P.S.- Khajaul, Distt.- Vaishali 844118, at Present Ashiyana Gandhi nagar, P.s.- Rajiv Nagar, Dist.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kishore Kunal, Adv For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under sections 341, 323, 307, 379, 504, 506 of the Indian Penal Code.

Allegedly, the petitioner along with other co-accused persons assaulted the informant with an intention to kill him due to which he sustained injuries. It is further alleged that the petitioner also snatched wrist watch, money and gold chain from the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case at the instance of his

Patna High Court CR. MISC. No.67409 of 2021(3) dt.26-07-2022 2/2 enemies. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is nothing on record to prove the complicity of the petitioner in the present case. It is not clearly mentioned in the impugned order that whether the injuries are simple or grievous in nature. 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, let the above named petitioner be released on bail, in the event of his 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 Rajiv Nagar, P.S. Case No. 191 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T