Pramod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16436 of 2023 Arising Out of PS. Case No.-323 Year-2020 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== PRAMOD SINGH S/O LATE SUDAMA SINGH R/v- Ilamdipur, P.S.- G.B. Nagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Bardhan Pandey, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 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 341, 323, 307, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that while he was coming from Ilamadipur village for his home when on the way near house of Dinanath Singh, Anand Kumar and Pramod Singh (Petitioner) stopped him and assaulted by knife causing injury on his neck and chest and thereafter fled away. It is

Patna High Court CR. MISC. No.16436 of 2023(2) dt.25-05-2023 2/3 next alleged that he was taken to Sadar Hospital from where he was referred to Gorakhpur.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the F.I.R., it would manifest that the date of occurrence is 18.11.2020 and the F.I.R. has been instituted on 06.12.2020 i.e. after a delay of 18 days. It is further submitted that if the informant was under treatment at a hospital, then definitely the doctors and the hospital would have informed the police that a patient has come with stabbed injury, but then the same was not done which cast an aspersion on the veracity of the prosecution's case.

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

Considering the submissions made by the learned counsel for the petitioner and the fact that there is a delay of 18 days in instituting the F.I.R., the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.16436 of 2023(2) dt.25-05-2023 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gautambuddh Nagar P.S. Case No. 323 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T