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Patna High CourtCR. MISC./1367/2023allowed

Kislay Singh @ Kislay Kumar Singh v. The State Of Bihar

2023-02-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1367 of 2023 Arising Out of PS. Case No.-266 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== KISLAY SINGH @ KISLAY KUMAR SINGH SON OF RAVINDRA SINGH R/O VILL.- JAITIPUR, P.S.- LALGANJ, DISTT.- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 354, 379, 504, 506 and 34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, petitioner along with other co-accused persons assaulted the informant and her family members by means of iron rod.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no specific overt act against the petitioner. He submits that there is

Patna High Court CR. MISC. No.1367 of 2023(2) dt.07-02-2023 2/2 case and counter case between the parties. He further submits that there is admitted land dispute between the parties. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Lalganj P.S. Case No.266/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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