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Patna High CourtCR. MISC./65487/2023bail granted

Gorelal Roy @Sanjeet Roy v. The State Of Bihar

2023-11-08Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65487 of 2023 Arising Out of PS. Case No.-204 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Gorelal Roy @SANJEET Roy Son of Late Rameshwar Roy Vill- Mahesh Khut, Ps -BHAGWANPUR, Dist- Begusarai ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Bachhwara P.S Case No. 204 of 2023 dated 02.07.2023 registered for the offence punishable u/s 341, 342, 308, 504 and 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons abused and assaulted the informant with lathi, danda and fled away from the place of

Patna High Court CR. MISC. No.65487 of 2023(2) dt.08-11-2023 2/3 occurrence.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the allegation of assault by the petitioner is on the non-vital part of the body of the informant. It is further submitted that after the occurrence the informant was taken into Sadar Hospital, Begusarai for treatment but no any document was produced by the informant showing the factum of treatment as per the impugned order. The informant has produced an injury report of private nursing home showing that he sustained grievous injury but no such injury report has been produced by petitioner in the learned Court below. The petitioner has two criminal antecedents as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on

Patna High Court CR. MISC. No.65487 of 2023(2) dt.08-11-2023 3/3 furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Begusarai in connection with Bachhwara P.S. Case No. 204 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T