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Patna High CourtCR. MISC./7768/2025bail granted

Pradeep Kumar v. The State Of Bihar

2025-03-03Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7768 of 2025 Arising Out of PS. Case No.-149 Year-2024 Thana- PARASBIGHA District- Jehanabad ====================================================== Pradeep Kumar S/o Late Madhav Ram R/o Mohalla - Chariyatad, P.S.- Arwal, Distt.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Anita Kumari Singh, Advocate Mr. Paritosh Parimal, Advocate For the Opposite Party/s :

Mr. Anish Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 132, 303(2), 61(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, on 10.07.2024 at about 11:00 AM, son of the informant, who is the headmaster of the Higher Secondary School, Jahangirpur, went to his office, where one accused, Suraj Kumar, assaulted him by means of knife on his head and eyebrow, as well as by means of fist, and snatched Rs. 6,000/- from his pocket. The reason behind the alleged occurrence is that this petitioner, who is also a teacher in the same school, by alleging false accusation, got son of the informant suspended from the school, but after inquiry, son of

Patna High Court CR. MISC. No.7768 of 2025(2) dt.03-03-2025 2/3 the informant was found innocent by the concerned department, and when his son endeavored to rejoin his school, this petitioner, who was functioning as the head of the school, found it uncomfortable.

4. Learned counsel for the petitioner submits that specific accusation of assault is against other co-accused persons. There is no allegation of any overt act against this petitioner. Petitioner has been made accused in this case merely because he was in inimical terms with the informant and others. F.I.R. itself reflects that there were inimical terms between the parties. He further submits that F.I.R. was instituted by the father of Ram Prasad and not by Ram Prasad himself who is alleged to be injured. Petitioner and son of the informant are teachers in the same school and due to petty dispute this false and concocted case has been lodged.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the backdrop of the case and the fact that there is no allegation of overt act against this petitioner and other facts and circumstances of the case , this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within

Patna High Court CR. MISC. No.7768 of 2025(2) dt.03-03-2025 3/3 a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Jehanabad in connection with Parasbigha P. S. Case No. 149 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T