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Patna High CourtCR. MISC./79018/2023allowed

Harichandra Thakur @ Harichandra Kumar @ Harishchandra Kumar @ Harishchand Thakur v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79018 of 2023 Arising Out of PS. Case No.-256 Year-2023 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Harichandra Thakur @ Harichandra Kumar @ Harishchandra Kumar @ Harishchand Thakur Son Of Mahendra Sharma @ Mahendra Thakur Resident Of Village - Gadiyani Pachmaha Tol, P.S. - Town, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 279, 337, 341, 323, 324, 307, 504 and 34 of the Indian Penal Code pending in the learned court below.

3. As the prosecution case, petitioner is said to have assaulted the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the injury found upon the victim is simple in nature. He submits that petitioner is a young boy and he is a student. He further submits that the occurrence took place on 22.07.2023 but the FIR lodged on 25.07.2023 after a

Patna High Court CR. MISC. No.79018 of 2023(2) dt.12-12-2023 2/2 delay of three days and there is no any explanation of it which creates serious doubt about prosecution case. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that injury found upon the victim is simple in nature, 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 Town P.S. Case No.256 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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