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Patna High CourtCR. MISC./68924/2022disposed

Amit Kumar v. The State Of Bihar

2023-03-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68924 of 2022 Arising Out of PS. Case No.-176 Year-2022 Thana- GOGRI District- Khagaria ====================================================== 1.

AMIT KUMAR Son of Jawahar Gupta @ Jawahar Lal Gupta Resident of Village- Mushkipur Kothi, P.S.- Gogri, District- Khagaria 2.

SUMIT KUMAR @ NEHRU Son of Jawahar Gupta @ Jawahar Lal Gupta Resident of Village- Mushkipur Kothi, P.S.- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2023 Prayer for pre-arrest bail of petitioner no.1 has already been dismissed as withdrawn vide order dated 20.2.2023.

Heard learned counsel for the petitioner no.2 and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/34 and other ancillary sections of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case. As a matter of fact, due to dispute over payment of money, both sides entered into free

Patna High Court CR. MISC. No.68924 of 2022(5) dt.14-03-2023 2/2 fight in which both sides sustained injuries. Petitioner has got no criminal antecedent.

Considering the aforesaid facts of the case, prayer for bail of the petitioner no.2 is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner no.2 mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagria in Gogari Police Station Case No. 176 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T