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Patna High CourtCR. MISC./59043/2022allowed

Natbar Sao @ Natwar Sah v. The State Of Bihar

2023-01-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59043 of 2022 Arising Out of PS. Case No.-523 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== NATBAR SAO @ NATWAR SAH S/O DAYANAND SAO Resident of Village- Lakho, P.S.- Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that earlier the petitioner has filed a case against the informant. He submits that fardbeyan of the informant on 04.10.2021 in Sadar Hospital, Begusarai but FIR lodged on 11.10.2021. He submits that there is delay of about 7 days in filing of the FIR and there is no explanation about it

Patna High Court CR. MISC. No.59043 of 2022(2) dt.03-01-2023 2/2 which creates serious doubt about the prosecution case. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is delay in filing of the FIR, let the above named petitioner 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 the learned court below where the case is pending/successor court in connection with Mufassil P.S. Case No. 523/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T