Shiv Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76721 of 2023 Arising Out of PS. Case No.-274 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Shiv Raj Kumar Son Of Bablu Halwai @ Bablu Kumar R/O Village- Ram Janki Nagar, P.S.- Harnaut, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Harnaut P.S. Case No. 274 of 2023 dated 14.05.2023 registered for the offence/s punishable u/ss 147, 149, 341, 323, 324, 325, 307, 379 and 506 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the coaccused persons are alleged to have assaulted the son of the informant severely due to that his neck and hand got fractured. They also snatched Rs. 10,000/- , locket and a watch. When Anshu Kumar and Anmol Kumar came to rescue then they also assaulted them.

Patna High Court CR. MISC. No.76721 of 2023(2) dt.20-12-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The injury is stated to be grievous in nature which is on non-vital part of the body. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 274 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T