Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19810 of 2022 Arising Out of PS. Case No.-157 Year-2021 Thana- CHANDI District- Bhojpur ====================================================== PRAKASH KUMAR SON OF SULETAN SINGH @ JIWANAND SINGH R/O VILLAGE- BAHIARA, P.S.- CHANDI, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Veena Kumari Jaiswal, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323 and 307 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 15.08.2021 at about 5:00 pm, he along with his friend Avdesh had come to meet petitioner at his village as the petitioner was his friend, it is next alleged that during the course of meeting, an altercation took place on account of which the petitioner assaulted the informant and his friend with hockey stick causing injury on his head, thereafter the informant and his friend were admitted in the hospital.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.19810 of 2022(2) dt.18-10-2022 2/2 petitioner has been falsely implicated in the present case, the date of occurrence is 15.08.2021 and the FIR has been instituted on 17.08.2021, it is next submitted that had the informant been injured, as alleged, and would have been admitted in a hospital then his fardbeyan would have been recorded at the hospital itself but then in the present case, the informant by way of afterthought, after two days of the occurrence had instituted the present FIR.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Chandi P.S. Case No. 157 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T