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Patna High CourtCR. MISC./67093/2023bail granted

Pradeep Kumar Sah @ Pradeep Kumar v. The State Of Bihar

2023-10-18Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67093 of 2023 Arising Out of PS. Case No.-648 Year-2022 Thana- SUPAUL District- Supaul ====================================================== PRADEEP KUMAR SAH @ PRADEEP KUMAR Son of Shibo Sah, Resident of Village- Gigrahi Panchayat -Baruari (ward no- 16) P.S.-Supaul District- Supaul.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Arun Kumar Jha, Adv.

For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-10-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Supaul P.S. Case No. 648 of 2022, registered for offence punishable under sections 341, 323, 325, 307, 354, 379, 504, 506/34 of the Indian Penal Code.

3. As per FIR, the petitioner along with co-accused persons armed with lethal weapons, came to the door of the informant and abused her. When she objected, co-accused Shibo Sah ordered to kill her, whereupon Pradeep Kumar Sah (the petitioner) caught her arm and threw her on the ground and also assaulted her husband on his head with Lathi. The accused persons also snatched a necklace from the neck of the

Patna High Court CR. MISC. No.67093 of 2023(2) dt.18-10-2023 2/2 informant.

4. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he is agnate of the informant. He has submitted further that coaccused Shibo Sah was granted anticipatory bail by the learned court below itself, but the anticipatory bail of the petitioner was rejected on the ground that he is the main assailant, but the injuries are simple in nature.

5. On the other hand, Mr. J. N. Thakur, the learned APP has opposed the prayer for bail and submitted that the petitioner is the main assailant.

6. Considering the above-mentioned facts and circumstances, especially the clean antecedent of the petitioner, let him, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Supaul in connection with Supaul P.S. Case No. 648 of 2022, subject to condition as laid down under section 438(2) Cr. P.C. (Nawneet Kumar Pandey, J) Mahesh/- U T