AT PATNA CRIMINAL MISCELLANEOUS No. 58242 of 2022 · Patna High Court
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 302
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
The State of Bihar Sanjay Kumar Thakur Son of Matuki Thakur Resident of Village- Tiswara Pachhiyari Tola, P.O.-Hari Lochanpur(Tiswara) P.S.- Tajpur(Halai O.P.), District- Samastipur ... ... Opposite Party/s
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Surya Narayan Roy, Adv. Mr.Satya Nand Shukla, APP 2 23-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 302/34 of the IPC. The allegation against the petitioner is that he along with other accused persons have brutally assaulted the informant’s nephew with rod, bamboo and bricks, causing his death. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation Patna High Court CR. MISC. No.58242 of 2022(2) dt.23-02-2023 leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that after investigation, police has filed final form against the petitioner, thereafter, a protest petition was filed and said protest petition was converted into Complaint case and accordingly cognizance has been taken against the petitioner and he has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 Complaint Case No.1672/2007, Tr. No.687/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. pallavi/- U T (Anjani Kumar Sharan, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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