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Patna High CourtCR. MISC./73299/2024partly allowed disposal

Tulsi Kumar v. The State Of Bihar

2024-10-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73299 of 2024 Arising Out of PS. Case No.-221 Year-2024 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

Tulsi Kumar S/O- Ramdev Tanti Resident Of Village- Naya Tola Shahpur Ps- Nath Nagar, Dist- Bhagalpur 2.

Prahalad Kumar Son Of Ramdev Tanti Resident Of Village- Naya Tola Shahpur Ps- Nath Nagar, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Sharma For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-10-2024 Learned counsel for the petitioners does not want to press this application with regard to petitioner no. 1.

2. Accordingly, this application with regard to petitioner no. 1 is dismissed as withdrawn.

3. Heard learned counsel for the petitioner no. 2 and learned Additional Public Prosecutor for the State.

4. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 308, 504/34 of the Indian Penal Code.

5. Petitioner along with other accused persons are said to have assaulted the informant.

6. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.73299 of 2024(2) dt.24-10-2024 2/2 case. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that in fact the petitioner himself has been badly assaulted by the informant and his family member. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

7. Learned APP for the State opposes the prayer for bail.

8. Considering the facts and circumstances of the case, let the above named petitioner no. 2 in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Nathnagar P.S. Case No. 221 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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