Nagendra Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7141 of 2023 Arising Out of PS. Case No.-510 Year-2021 Thana- TEKARI District- Gaya ====================================================== NAGENDRA SAO Son of Late Moti Sao Resident of Village - Mau Bhat Bigha, P.S.- Tekari, District - Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Tekari P.S. Case No. 510 of 2021 registered for the offences punishable under Sections 341, 323, 504, 307, 379, 34 of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application. As per the prosecution story, the informant has alleged that when his father had gone to the house of the Nagendra Sao and demanded money the said Nagendra Sao has abused and assaulted him on his head by Khanti as a result whereof he became senseless.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that father of the informant has got two injuries

Patna High Court CR. MISC. No.7141 of 2023(2) dt.16-05-2023 2/3 which is simple in nature and both the sides are co-villagers. Learned counsel for the petitioner submits that paragraph '12' of the petition be allowed to be deleted/expunged.

Permission is granted.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is stated that the petitioner and the informant are co-villagers and in the alleged occurrence the injuries suffered by the informant is simple in nature, petitioner who has otherwise no criminal antecedent, this Court, therefore, directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Sumeet Kumar Singh, learned Judicial Magistrate - 1st Class, Gaya, in connection with Tekari P.S. Case No. 510/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage

Patna High Court CR. MISC. No.7141 of 2023(2) dt.16-05-2023 3/3 it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) Rajeev/- U T