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Patna High CourtCR. MISC./68786/2022allowed

Raja Kumar v. The State Of Bihar

2023-02-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68786 of 2022 Arising Out of PS. Case No.-157 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== RAJA KUMAR Son of Shiv Chandra Singh Resident of Village - Fulhara Bazar, P.S- Rajapakar (Baranti O.P.), District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 354, 379, 504 and 506 of the Indian Penal Code. Allegation against the petitioner is that he along with other co-accused assaulted the informant. Learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and both sides have sustained injuries. He further submits that there is no specific overt act against the petitioner.

Patna High Court CR. MISC. No.68786 of 2022(2) dt.27-02-2023 2/2 There is specific overt act against the co-accused as detailed in para 9 of the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for bail. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Rajapakar (Baranti O.P.) P.S. Case No. 157 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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