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Patna High CourtCR. MISC./1731/2023allowed

Ashok Giri v. The State Of Bihar

2023-02-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1731 of 2023 Arising Out of PS. Case No.-145 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== ASHOK GIRI S/O NARESH GIRI Resident of village- Pachkharwa, P.S.- Kalyanpur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Kalyanpur P.S. Case No.145 of 2022, registered for the offences punishable under Sections 341, 323, 324, 307, 447 and 34 of the Indian Penal Code.

The petitioner is said to have assaulted the informant by means of farsa on his head causing cut and bleeding injury. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that there is land dispute between the parties and both sides are agnates. The injury sustained by the informant is simple in nature (Annexure-2).

Patna High Court CR. MISC. No.1731 of 2023(2) dt.08-02-2023 2/2 Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the fact aforesaid, let petitioner, above named, 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 learned 10th Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Kalyanpur P.S. Case No.145 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T