Patna High CourtCR. MISC./56630/2022bail granted

Pitambar Kumar @ Pitamber Rai v. The State Of Bihar

2023-01-25Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56630 of 2022 Arising Out of PS. Case No.-277 Year-2021 Thana- BANKA District- Banka ====================================================== PITAMBAR KUMAR @ PITAMBER RAI Son of Karu Rai Resident of Village- Makhanpur, P.S.- Barahat, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is apprehending arrest in connection with Banka (Barahat) P.S. Case No. 277 of 2021 under sections 341, 323, 324, 379, 307, 506, 34 of the Indian Penal Code. As per the prosecution story, the allegation against the accused persons is/are of assaulting the informant as also his son.

Learned counsel for the petitioner submits that he is a young man and omnibus allegation of assault is there. The last submission is that similar placed coaccused Satyam Kumar @ Satyam Rai has since been granted

Patna High Court CR. MISC. No.56630 of 2022(2) dt.25-01-2023 2/2 relief by a coordinate bench of this Court in Cr. Misc. No. 32962 of 2022 on 23.11.2022.

Let the same be kept on record.

The learned APP on the other hand opposes the prayer stating that allegation of assault is against the petitioner. Taking into account the aforesaid fact as also that similar placed co-accused has since been granted relief, this Court is also inclined to grant him the privilege of anticipatory bail.

Let the petitioner be released on bail, in the event of his arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka (Barahat) P.S. Case No. 277 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/Ajay Singh U T