Patna High CourtCR. MISC./81748/2024bail granted

Sachin Suman @ Gopi v. The State Of Bihar

2024-12-04Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81748 of 2024 Arising Out of PS. Case No.-241 Year-2024 Thana- PASRAHA District- Khagaria ====================================================== Sachin Suman @ Gopi S/o Tarkeshwar Prasad Singh Resident of village,- Pasraha, ward no 03,P.S- Pasraha, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-12-2024 Heard Ld. counsel for the petitioner and Ld.

APP for the State.

2. The petitioner seeks anticipatory bail, apprehending his arrest, in connection with Pasraha P.S. Case No. 241 of 2024 dated 29.09.2024 registered for the offences punishable under Sections 126(2), 115(2), 132 352, 351(1) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the allegation, there was assault made by the accused against the informant causing injury of simple nature.

4. Learned counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this case due to ill motive.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier

Patna High Court CR. MISC. No.81748 of 2024(2) dt.04-12-2024 2/3 either for anticipatory bail or regular one in the instant case.

6. It has further been stated paragraph no.3 of the bail petition that the petitioner has been made accused in Pasraha P.S. Case No. 39 of 2019 in which he has already been acquitted.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Judicial Magistrate-Ist Class, Khagaria in connection with Pasraha P.S. Case No. 241 of 2024 dated 29.09.2024, subject to the conditions as laid down under Section 438 (2) Cr. P.C. and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his

Patna High Court CR. MISC. No.81748 of 2024(2) dt.04-12-2024 3/3 criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T