Patna High CourtCR. MISC./39619/2014bail granted

Dwarika Prasad v. The State Of Bihar

2015-03-19Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.39619 of 2014 (2) dt.19-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39619 of 2014 Arising Out of PS.Case No. -56 Year- 2014 Thana -DAUDPUR District- SARAN ====================================================== Dwarika Prasad Son of Late Tulsi Prasad, Resident of Village - Lejuar, P.S. -Daudpur, District- Saran at Chapra (Bihar).

.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rakesh Kumar, Advocate. For the Opposite Party : A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-03-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 324, 307, 379, 447, 506/34 of the Indian Penal Code registered in connection with Daudpur P.S. Case No. 56 of 2014.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. was instituted belatedly on 28.05.2014 for the alleged occurrence of 25.05.2014. There is case and counter case between the parties when the petitioner had given his fardbeyan on 25.05.2014 itself. Injury report showing lacerated wound belies the accusation of assault by knife attributed to the petitioner.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.39619 of 2014 (2) dt.19-03-2015 circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Daudpur P.S. Case No. 56 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J) Md. Ibrarul/- U T