Gauri Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3935 of 2023 Arising Out of PS. Case No.-109 Year-2022 Thana- DIDARGANJ District- Patna ====================================================== GAURI PRASAD Son of Late Gurudeo Singh Resident of Village- Raibagh, P.S.- Didarganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 324, 307 and 34 of the Indian Penal Code and Section 27 Arms Act. As per the prosecution case, six persons on two bikes came and started indiscriminate firing upon the informant by which he received several injuries. The informant so identified all the six persons named in the First Information Report.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.3935 of 2023(2) dt.04-05-2023 2/2 He submits that the injury was found simple in nature, it is clear from the impugned order itself. The submits that earlier the petitioner had lodged an F.I.R. against the informant vide Didarganj P.S. Case No. 97 of 2021, u/s 364, 201 and 34 of the IPC, later on Section 302 of the IPC is added. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the nature of the injury, 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 Didarganj P.S. Case No. 109 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T