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Patna High CourtCR. MISC./82675/2024allowed

Anil Kumar Das v. The State Of Bihar

2025-05-12Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82675 of 2024 Arising Out of PS. Case No.-479 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Anil Kumar Das S/O Ramdeo Das R/O Village- Baligaon, P.S- Rafiganj, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending arrest in connection with Rafiganj P.S. Case No. 479 of 2024 registered for the offences punishable under Sections 127(2), 115(2), 109, 117(2) of the B.N.S. Act, 2023.

3. As per prosecution case, there is allegation against the petitioner who is said to have assaulted the informant by means of iron rod, as a result of which informant sustained injury in both the hands.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report. Petitioner and the informant are devar and bhabhi and scuffle took place between them on

Patna High Court CR. MISC. No.82675 of 2024(3) dt.12-05-2025 2/3 account of trivial matter of pushing the child. Petitioner has been falsely implicated in this case on account of village politics and the present F.I.R. has been lodged merely to make pressure upon the petitioner. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the alleged sections. It is further submitted that all the sections have been added merely to make the offence graver. Petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State and learned counsel appearing for the informant vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of I/c Additional Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 479 of 2024, subject to the conditions as laid down under section 482(2) of the Code of

Patna High Court CR. MISC. No.82675 of 2024(3) dt.12-05-2025 3/3 Criminal Procedure.

7. The application stands allowed.

(Alok Kumar Pandey, J) mcverma/- U T