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Patna High CourtCR. MISC./61920/2022allowed

Gabbar Kumar @ Abhishek Kumar v. The State Of Bihar

2023-02-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61920 of 2022 Arising Out of PS. Case No.-242 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Gabbar Kumar @ Abhishek Kumar S/o Upendra Yadav R/o Bagaha, P.S. Barun, District Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of the informant.

The petitioner apprehends his arrest in connection with Barun P.S. Case No.242 of 2022, registered for the offences punishable under Sections 147, 148, 149, 323, 307 and 302 of the Indian Penal Code.

The petitioner and other co-accused persons are said to have assaulted the brother and father of the informant, due to which the father of the informant died.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted

Patna High Court CR. MISC. No.61920 of 2022(4) dt.14-02-2023 2/2 that there is general and omnibus allegation against the petitioner. The specific allegation is against Jai Pratap Kumar and Tej Pratap Yadav that they assaulted the father of the informant and the father of the informant died on the spot. The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the fact that no specific allegation is made against the petitioner, let petitioner, above named, 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 learned C.J.M., Aurangabad in connection with Barun P.S. Case No.242 of 2022, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T