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Patna High CourtCR. MISC./73242/2024bail granted

Ravindra Baitha v. The State Of Bihar

2025-01-22Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73242 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- PALANWA District- East Champaran ====================================================== Ravindra Baitha S/o Late Ramayodhya Baitha R/o Village- Laxmipur Laxmanwa, P.S.- Palanwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-01-2025 Heard Mr. Rajesh Ranjan, learned counsel appearing for the petitioner and Mr. Sanjay Kumar Pandey, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Palanwa P.S. Case No. 30 of 2024 dated 02.03.2024 registered for the offences punishable under Sections 341, 323, 324, 354B, 504 and 506 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel appearing for the petitioner are that as per the allegation, the petitioner is said to have assaulted one of the sons of the informant on his head by using a sharp object but the said allegation does not get corroboration from the injury reports of the informant's sons which are available in the case diary and as per the FIR, both are said to have been assaulted by the accused. It is further submitted

Patna High Court CR. MISC. No.73242 of 2024(3) dt.22-01-2025 2/2 that as per the prosecution story, the alleged occurrence was not pre-planned and the same had taken place in the spur of moment on account of throwing some garbage which led to the commission of the alleged occurrence and the injury reports go to show that both the injured sons of the informant sustained very superficial injuries, however, the allegation as to assaulting by using a sharp object does not get corroboration from the injury reports of the informant's sons.

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

5. Considering the aforesaid submissions advanced by petitioner's counsel, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or 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. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Palanwa P.S. Case No. 30 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) maynaz/- U T