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Patna High CourtCR. MISC./70036/2023allowed

Anil Thakur @ Awanish Prabhakar v. The State Of Bihar

2023-11-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70036 of 2023 Arising Out of PS. Case No.-509 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== Anil Thakur @ Awanish Prabhakar Son Of Ravindra Thakur Resident Of Village - Parsa, P.S. - Majhauliya, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of assaulting by means of knife to the informant, due to which he sustained injury. It is further alleged that the accused persons snatched the gold chain and cash of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. According to prosecution case, the specific allegation against the petitioner is of assaulting the

Patna High Court CR. MISC. No.70036 of 2023(2) dt.02-11-2023 2/2 informant by means of knife on the neck but from the perusal of the Injury report of the informant, the doctor has not found any injury on the neck of the informant. He further submitted that the injury report is not in consonance with the prosecution case. On the basis of suspicion, petitioner has been implicated in the present case. He is languishing in judicial custody since 20.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 509 of 2019.

(Sunil Kumar Panwar, J) Arish/- U T