Mohan Kumar @ Mohan Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20060 of 2023 Arising Out of PS. Case No.-454 Year-2022 Thana- DHAKA District- East Champaran ====================================================== Mohan Kumar @ Mohan Prasad Son Of Birendra Prasad @ Virendra Prasad Resident Of Village- Bahlolpur, Ps- Dhaka, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Rakesh Kumar No.1, Advocate For the State :
Mr. Umesh Lal Verma For the Informant : Mr. Prateek Tandon, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 448, 341, 323, 325, 354B, 380, 504 & 506/34 of the Indian Penal Code.
3. The allegation against this petitioner is that he assaulted the mother of the informant by means of iron rod on waist.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. As a matter of fact, both the parties are co-villagers and Gotiya and civil dispute is
Patna High Court CR. MISC. No.20060 of 2023(3) dt.28-07-2023 2/2 also going on between the parties. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that no injury report in on record to support the informant's version. Both sides have filed cases against each other. The injury sustained by the victim is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Dhaka P.S. Case No. 454 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T