Umesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24088 of 2021 Arising Out of PS. Case No.-216 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== UMESH PRASAD SON OF LATE PARMESHWAR MAHTO R/O VILLAGE- MEHNAUR, P.S.- DEEPNAGAR, DISTRICT- NALANDA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivam, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Deepnagar. P.S. Case no. 216 of 2020 instituted for the offence under Sections 447, 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.

The prosecution case relates to abuse and assault to the husband of the informant by the petitioner.

Patna High Court CR. MISC. No.24088 of 2021(2) dt.07-01-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. There is general and omnibus allegation against the petitioner. Injury received by the husband of the informant is on non-vital part and simple in nature. Petitioner is the brother of the informant. Learned APP for the State has opposed the prayer for bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Deepnagar P.S. Case no. 216 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda (Biharsharif), subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T