Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.232 of 2023 Arising Out of PS. Case No.-146 Year-2021 Thana- DEO District- Aurangabad ====================================================== Bipin Kumar Son Of Suresh Yadav R/O Vill.- Bahuaara Tola, Ledha, P.S.- Deo, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 147, 149, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code. As per prosecution case, the informant when he was sitting with his two friends, petitioner along with 20 persons came there and started abusing them with lathi, danda, rod and sharp cut weapon. It is further alleged that his friends also sustained injury.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.232 of 2023(2) dt.20-03-2023 2/2 There is no specific overt act against the petitioner. He submits that it is relevant to state that all injuries sustained by the informant side are simple in nature and caused by hard and blunt substance as it is clear from the impugned order. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for bail. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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 Deo P.S. Case No. 146 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) aditya/anand/- U T