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Patna High CourtCR. MISC./69005/2023bail granted

Pappu Das v. The State Of Bihar

2023-11-01Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69005 of 2023 Arising Out of PS. Case No.-201 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== PAPPU DAS S/O- Rajesh Ram @ Rajesh Das R/O- Village- Kanap, P.S.- Daudnagar, Dist.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-11-2023

1. Heard learned counsel for the Petitioner and learned APP for the State

2. Petitioner apprehends his arrest in connection with Daudnagar P.S. Case No. 201 of 2023 dated 06.04.2023 registered for the offences punishable under Sections 341, 323, 379, 504, 307 and 34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has fair and clean antecedent, though he has been named in the FIR but against him there is no specific allegation and four accused persons, including the petitioner, have been named in the FIR and as per allegation, informant's son was assaulted by this petitioner and co-accused persons by means of Lathi and Iron Rod but as per his injury report filed as Annexure-2, only abrasions on his head and right shoulder were found by the doctor concerned and there is a case

Patna High Court CR. MISC. No.69005 of 2023(2) dt.01-11-2023 2/2 and counter case in between both the parties and in the case lodged on behalf of petitioner's side, all the accused persons have been granted anticipatory bail.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent and also the fact that there is no specific allegation against the petitioner and as per the injury report of informant's son, who is stated to be the main injured, only abrasions were found on his head and right shoulder, in my opinion, in the said circumstances, the petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Daudnagar P.S. Case No. 201 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Maynaz/- U T