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Patna High CourtCR. MISC./74282/2024allowed

Navin Kumar @ Naveen Kumar Sah v. The State Of Bihar

2024-10-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74282 of 2024 Arising Out of PS. Case No.-147 Year-2023 Thana- DORIGANJ District- Saran ====================================================== 1.

Navin Kumar @ Naveen Kumar Sah son of Jitendra Sah Village- Manupur Jahangirpur Ps- Doriganj Dist- Saran at Chapra 2.

Lalita Devi W/o- Jitendra Sah Village- Manupur Jahangirpur Ps- Doriganj Dist- Saran at Chapra 3.

Abhishek Kumar Son of Jitendra Sah Village- Manupur Jahangirpur PsDoriganj Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kumar Yadav For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.74282 of 2024(2) dt.28-10-2024 2/2 there is no specific overt act against the petitioners. He further submits that there is specific allegation against co-accused Jitendra Sah, who is said to have assaulted the informant on his head by means of spade and injury was found grievous in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Doriganj P.S. Case No.147 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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