Rahul Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4097 of 2022 Arising Out of PS. Case No.-191 Year-2021 Thana- RASULPUR District- Saran ====================================================== Rahul Prasad, Son Of Jay Kumar Prasad Resident Of Village - Balia, P.S. - Rasulpur, District - Saran At Chapra.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan- Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 307 and 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that Rahul Prasad (petitioner) said to the informant that someone was calling and when informant went to the house of Jagdish Prasad where he was intercepted by Satyendra Prasad, Surendra Prasad and Rohit Kumar, who started abusing him and the petitioner gave orders to kill on which, Rohit Kumar assaulted the informant with Daab repeatedly 4-5 times on head causing injury. It is next alleged that the petitioner also assaulted

Patna High Court CR. MISC. No.4097 of 2022(2) dt.17-08-2022 2/3 the informant with sword on head causing injury. Thereafter, the accused persons assaulted him causing injury on his right hand finger and petitioner also snatched the gold chain of ithe informant.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. Initially, it was alleged that the petitioner is the order giver, thereafter it was alleged that he assaulted with sword on head and also snatched gold chain of the informant. It is further submitted that from perusal of the injury report of the injured, it would manifest that he has received seven injuries, but six injuries are simple in nature and the 7th injury is held to be grievous, but is on the right index finger which is non-vital part of the body.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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 from today, 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

Patna High Court CR. MISC. No.4097 of 2022(2) dt.17-08-2022 3/3 amount each to the satisfaction of learned Court below where the case is pending in connection with Rasulpur P. S. Case No.191 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T