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Patna High CourtCR. MISC./80232/2023allowed

Sunny Kumar @ Sunny Bind v. The State Of Bihar

2023-12-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80232 of 2023 Arising Out of PS. Case No.-419 Year-2022 Thana- PARAIYA District- Gaya ====================================================== SUNNY KUMAR @ SUNNY BIND SON OF DHARMENDRA VIND RESIDENT OF VILLAGE- AJMATGANJ, PS- PARAIYA, DIST- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 324, 307, 504, 506, 120B of the Indian Penal Code and 25(1b)a, 26, 25 of Arms Act.

3. The allegation against the petitioner is that he and other co-accused persons assaulted the informant and his daughter due to which they sustained injury.

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. He submits that there is no specific overt act

Patna High Court CR. MISC. No.80232 of 2023(2) dt.18-12-2023 2/2 against the petitioner. He further submits that the specific allegation is against the co-accused namely, Ravindra Bind to fire upon the informant. 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 as there is no specific overt act against the petitioner, 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 Paraiya P.S. Case No.419 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T