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Patna High CourtCR. MISC./61615/2023bail granted

Lakshman Kumar @ Laxman Kumar v. The State Of Bihar

2023-10-16Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61615 of 2023 Arising Out of PS. Case No.-732 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Lakshman Kumar @ Laxman Kumar S/O Dinanath Sah R/O Ward No.-02, Near Middle School, Kolhuarwa, Motihari,(East Champaran), P.S- Motihari, Distt.- East Champaran (Motihari), Bihar (845401) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kr. Singh, Advocate Mr.Vikash Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Shekhar Kr. Singh with Mr. Vikash Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Ram Bilash Roy Raman, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Motihari Town P.S.Case No.732 of 2021, registered for the offences punishable under Sections 447, 341, 323, 324, 379, 307, 504 & 506/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner along with another co-accused (Badal Kumar) assaulted upon the informant and demanded Rs.50,000/-.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.61615 of 2023(2) dt.16-10-2023 2/2 petitioner submits that there was transaction of money between the parties and the informant failed to return the same. The petitioner has been made accused in a false case that he had tried to strangulate the informant with mufflar. Injury is simple in nature and the allegation of blowing knife on the chest of the informant is on co-accused, Badal Kumar.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions of the parties and the nature of allegation, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari (East Champaran) in connection with Motihari Town P.S.Case No.732 of 2021, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) chn/- U