Shashi Kant Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20405 of 2024 Arising Out of PS. Case No.-740 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Shashi Kant Verma aged about 55 Years (Male), S/o- Rajnath Verma, Resident of mohalla- Azad Nagar Naubatpur PS- Naubatpur, District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Garg, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-04-2024 Heard Mr. Ashok Kumar Garg, learned counsel appearing on behalf of the petitioner and Mr. Braj Kishore Prasad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Naubatpur P.S. Case No. 740 of 2023, registered for the offence punishable under Sections 147, 148, 149, 323, 324, 448, 379 and 504 of the Indian Penal Code.

3. As per the allegation made in the FIR, accused persons named therein including the petitioner, had assaulted the informant with a common intention to kill him causing injury on the different parts of the body.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Specific allegation against

Patna High Court CR. MISC. No.20405 of 2024(2) dt.02-04-2024 2/3 the petitioner is that he had overpowered the informant and the accused persons named in the FIR, had assaulted the informant causing head injury. As per the opinion of the doctor, injuries sustained by the informant are simple in nature. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the fact that the specific allegation against the petitioner is that of overpowering the informant and a statement to that effect has been made in paragraph no. 7 of the bail application. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the District Court within a period of four 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 learned A.C.J.M., 6th, Danapur, District- Patna, in connection with Naubatpur P.S. Case No. 740 of 2023, subject to the condition as laid down under Section

Patna High Court CR. MISC. No.20405 of 2024(2) dt.02-04-2024 3/3 438(2) of the Cr.P.C.

8. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T