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Patna High CourtCR. MISC./73450/2023allowed

Ayush Kumar @ Ayush Anmol v. The State Of Bihar

2023-12-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73450 of 2023 Arising Out of PS. Case No.-328 Year-2023 Thana- MASAUDHI District- Patna ====================================================== AYUSH KUMAR @ AYUSH ANMOL SON OF BIRENDRA PRASAD @ BINDU SONAR RESIDENT OF MOHALLA - PREM ROAD LAKHIBAG, POLICE STATION - MASAURHI, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2023 Heard the parties.

2. The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 356 and 379 of the Indian Penal Code.

3. Allegedly, the petitioner and other co-accused person is said to have pulled a chain from the neck of the informant on a road.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is not named in the FIR, his name

Patna High Court CR. MISC. No.73450 of 2023(2) dt.01-12-2023 2/2 transpired in the present case on the basis of statement of apprehended co-accused. There is no specific overt act against the petitioner. There is no recovery of any article from the possession of the petitioner. Petitioner has no criminal antecedent.

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

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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 Masaurhi P.S. Case No.328 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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