Kapal Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81519 of 2023 Arising Out of PS. Case No.-43 Year-2020 Thana- PIPRA District- Supaul ====================================================== Kapal Sada Son Of Late Ram Khelawan Sada Resident Of Village- Beldara, Ward No. 5, P.S. Pipra, District- Supaul ... ... Petitioner/s BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rabia Gulnaz, Adv.
Ms. Shabina Talat, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 447, 504 and 506/34 of the Indian Penal Code.
3. As per the prosecution case, allegation against the petitioner is of assaulting the informant by means of farsa due to which informant sustained injury.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner is quiet innocent and has committed no offence as alleged. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The injury sustained by the victim is simple in
Patna High Court CR. MISC. No.81519 of 2023(2) dt.21-12-2023 2/2 nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, considering the nature of injury of the informant is simple in nature, 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 Pipra P.S. Case No. 43 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T