Prabhakar Singh Rajput @ Nisant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7344 of 2024 Arising Out of PS. Case No.-1139 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== Prabhakar Singh Rajput @ Nisant Kumar Singh S/O Shri Prabha Shankar Singh R/O Village- Lahang Dumariya, P.S- Bihiya, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh For the Opposite Party/s :

Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 307, 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 30.12.2022 at about 10:00 PM when he was at his house when the petitioner called him and threatened him and also assaulted him and snatched his gold chain and Rs.2000/- in cash. Further he called his nephew who came with pistol and

Patna High Court CR. MISC. No.7344 of 2024(2) dt.01-03-2024 2/3 asked him to assault when his nephew fired at the informant, but the bullet touched his head and passed causing head injury. The learned counsel submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that the informant does not disclosed the reason for the occurrence. It is also submitted that even presuming what has been alleged is true without admitting then allegation against this petitioner is of assaulting and snatching gold chain along with Rs.2000/-, but then the allegation is general and omnibus in nature and to give seriousness to the case allegation of snatching is alleged which is ornamental, when petitioner is a person with clean antecedent.

4. The learned APP opposes the anticipatory bail application.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Nawada P.S. Case No.1139 of 2022, subject to the conditions laid down under Section 438(2) of the

Patna High Court CR. MISC. No.7344 of 2024(2) dt.01-03-2024 3/3 Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T