Chandra Prakash @ Bittu Kumar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21581 of 2022 Arising Out of PS. Case No.-121 Year-2021 Thana- GURARU District- Gaya ====================================================== CHANDRA PRAKASH @ BITTU KUMAR @ BITTU Son of Vinod Singh @ Vinod Kumar Singh Resident of Village - Diha, P.S.- Guraru, Distt. - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 379, 504 & 506 of the Indian Penal Code.

When the informant was returning after casting his vote from Middle School, the petitioner in association of other co-accused is said to have assaulted the informant by means of lathi-danda causing fracture injury on his head. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.21581 of 2022(2) dt.24-08-2022 2/2 He has been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no allegation against the petitioner in the F.I.R. that he has assaulted the informant rather the allegation is against ten other co-accused named in the F.I.R. Petitioner was a Polling Agent in the Panchayat Election and opposed for casting of bogus vote due to which this false and frivolous case has been lodged against the petitioner and others by the informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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 Guraru P.S. Case No. 121 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T