Ashok Singh @ Ashok Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18351 of 2023 Arising Out of PS. Case No.-365 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== Ashok Singh @ Ashok Kumar Ray Son of Ram Sajawal Singh @ Ram Sajawal Ray Resident of Village - Badka Manjha, P.S.- Mairwa, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Mairwa P.S. Case No. 365 of 2022 registered for the offences punishable under Sections 341, 323, 324, 354(B), 307, 379, 504, 506/34 of Indian Penal Code. He has one criminal antecedent as stated in paragraph '3' of the application.

Allegation against the petitioner is of abusing and assaulting the Naati of the informant by means of knife due to which he received injury on his head.

Learned counsel for the petitioner submits that he is innocent and has committed no offence. He has been falsely

Patna High Court CR. MISC. No.18351 of 2023(2) dt.06-06-2023 2/3 implicated in this case due to ulterior motive. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Having regard to the facts and circumstances of the case, wherein allegation against the petitioner is that he had assaulted the Naati of the informant by knife on his head but the injury report annexed with the application is showing swelling over scalp and frontal region with multiple abrasion and the mode of injury has been shown as hard and blunt object which is simple in nature, this Court directs, therefore, that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistarte-VII, Siwan in connection with Mairwa P.S. Case No.

365 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner.

Patna High Court CR. MISC. No.18351 of 2023(2) dt.06-06-2023 3/3 in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) manoj/- U T