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Patna High CourtCR. MISC./69364/2019bail granted

Ravish Kumar v. The State Of Bihar

2019-12-12Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69364 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- SIDHWALIYA District- Gopalganj ====================================================== RAVISH KUMAR Son of Gopal Prasad Shrivastava Resident of VillageSadauwan, P.S.-Sidhwalia, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Sections 341, 323, 324, 307, 354 and 504/34 of the Indian Penal Code.

Co-accused Saket Kumar and the petitioner descending at the door of the informant started slating him and on protest made by the informant, Saket Kumar assaulted him by means of sword. When his uncle rushed in his rescue, he also assaulted him. When the daughter-in-law of his uncle rushed in their rescue, petitioner shoved her on the ground and tore her attire.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid

Patna High Court CR. MISC. No.69364 of 2019(2) dt.12-12-2019 2/3 occurrence. He has been falsely implicated in the case merely due to land dispute as the uncle of the informant is pattidar of the petitioner and a proceeding under Section 144 Cr.P.C. was initiated between them and partition suit no. 276 of 1985 lodged by the father of the petitioner against uncle of the informant was decreed in favour of the father of the petitioner against which judgment debtor has filed First Appeal No. 231 of 1996 which is pending disposal and in order to mount pressure upon the petitioner to get the aforesaid case compromised, uncle of the informant has falsely implicated the petitioner in this case through the informant. Petitioner does not happen to be assailant. He has no criminal antecedent. Said Saket Kumar has been enlarged on anticipatory bail by learned lower court.

Having regard to the facts and circumstances of the case, 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. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Gopalganj in connection with Sidhwalia P.S. Case No. 148 of 2019, subject to the condition as laid down under Section 438

Patna High Court CR. MISC. No.69364 of 2019(2) dt.12-12-2019 3/3

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T