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Patna High CourtCR. MISC./16362/2023bail granted

Om Prakash Singh @ Om Prakash Kumar v. The State Of Bihar

2023-05-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16362 of 2023 Arising Out of PS. Case No.-100 Year-2022 Thana- DHANSOI District- Buxar ====================================================== Om Prakash Singh @ Om Prakash Kumar, S/O- Vinod Singh VillageKedarganj Ps- Dhansoi Dist- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 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 147, 148, 149, 323, 504, 506, 379, 341, 307/ 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 11 accused persons including the petitioner came to her house and assaulted her along with her family members. It is alleged that petitioner assaulted Guddu Kumar with an iron rod causing injury on his head and he became unconscious and thereafter, Vinod Singh assaulted the informant with lathi causing injury on her head. Geeta Devi and Rinku Devi snatched gold chain from the neck of the informant and Kalinda Devi snatched the gold chain of Anita Devi.

Patna High Court CR. MISC. No.16362 of 2023(2) dt.25-05-2023 2/2 The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. There is land dispute between the parties. It is next submitted that no doubt, it is alleged that petitioner assaulted Guddu Kumar on head with an iron rod, but then the blow was not repeated and injury is simple in nature, which amply demonstrates that petitioner never had any intention of committing a serious occurrence, when admittedly petitioner is a person with clean antecedent. Learned A.P.P. opposes the 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, 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 amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Dhansoi P. S. Case No.100 of 2022, 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