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Patna High CourtCR. MISC./74242/2022allowed

Vinay Kumar @Vinay Kumar Rai @ Vinay Rai v. The State Of Bihar

2023-06-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74242 of 2022 Arising Out of PS. Case No.-3 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== Vinay Kumar @VINAY Kumar Rai @ Vinay Rai S/O Late Dudh Nath Rai R/V- Manachak, P.S.- Koilwar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307, 504, 506, 379, 120B, 427 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner along with other accused persons are said to have entered into the office of the informant and abused and assaulted him.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. No independent witnesses have put their signature on the seizure list. He submits

Patna High Court CR. MISC. No.74242 of 2022(3) dt.23-06-2023 2/2 that the local persons and chaukidar disclosed the name of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, 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 Koilwar P.S. Case No. 03 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

However, the learned court below shall accept the bail bond of the petitioner after verifying the fact that the petitioner has got no criminal antecedent.

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