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Patna High CourtCR. MISC./69193/2023allowed

Abhishek Gaurav @ Gappu Diwedi @ Abhishek v. The State Of Bihar

2024-02-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69193 of 2023 Arising Out of PS. Case No.-584 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Abhishek Gaurav @ Gappu Diwedi @ Abhishek Son Of Late Vijay Kumar Diwedi Village- Chitaha, Ps- Banjariya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 447, 341, 323, 324, 325, 307, 34, 506, 504 of the Indian Penal Code.

3. Petitioner is said to have assaulted the informant by means of iron rod on his head due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is simple in nature. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Patna High Court CR. MISC. No.69193 of 2023(4) dt.29-02-2024 2/2

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the nature of injury, 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 Turkauliya (Banjariya) P.S. Case No. 584 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T