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Patna High CourtCR. MISC./62248/2023allowed

Bablu Kumar v. The State Of Bihar

2023-10-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62248 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- JAMOBAZAR District- Siwan ====================================================== BABLU KUMAR son of Narendra Prasad Village- Jamo Bazar Ps- Jamo Bazar Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 325, 307, 354(B), 379, 302/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with F.I.R. named accused persons and three unknown persons assaulted the informant and her husband by means of sword, iron-rod and farsa, due to which they sustained grievous injury and during course of treatment her husband died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature and there is specific allegation against co-accused Aman Kumar who

Patna High Court CR. MISC. No.62248 of 2023(2) dt.18-10-2023 2/2 assaulted the deceased by means of iron-rod, Janardan Prasad assaulted the Jawahir Prasad by means of sword blow and Upendra Prasad assaulted by means of Farsa on the head of Brajesh Prasad. It is lastly submitted that petitioner along with Aman Kumar torn the Sari and blouse of the informant and Aman Kumar santched the golden chain and mangal sutra of the informant. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail and submits that petitioner is also involved in the present crime.

6. Considering 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 connection with Jamo Bazar P.S. Case No. 118 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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