AT PATNA CRIMINAL MISCELLANEOUS No. 48938 of 2023 · Patna High Court
Case at a glance
- Bench
- ANJANI KUMAR SHARAN
Provisions considered
- Indian Penal Code, 1860 ss. 147, 149, 307, 323, 354, 504, 506
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Mr.Aditya Nath Pandey, Adv. Mr.Sanjay Kumar Singh, APP. Mr. Kamlesh Kumar Sharma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 3 28-08-2023 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 323, 307, 354, 504, 506 of the Indian Penal Code.
As per the FIR, on 13.02. 2023 at about 10 A.M., when the informant was at her home, all the accused persons along with this petitioner came to her and started abusing and assaulting her. On objection, on instigation of this petitioner, all the accused persons assaulted her with iron rod and other sharp weapons on her head due to which she sustained injuries.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Patna High Court CR. MISC. No.48938 of 2023(3) dt.28-08-2023 No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature as he was mere an order giver in the alleged incident. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State as well as learned counsel for the informant oppose the prayer for bail.
Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, 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 Simri P.S. Case No. 51 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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