Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32522 of 2021 Arising Out of PS. Case No.-505 Year-2018 Thana- RUPASPUR District- Patna ====================================================== Prakash Kumar Son Of Ganga Narayan Sah Resident Of Belahi, Ward No.-2, P.O.- Belahi, P.S.- Belahi, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is apprehending his arrest in a case registered in connection with Rupaspur P.S.Case No. 505 of 2018 for the offences punishable under Sections 341, 323, 325, 307, 379/34 of the Indian Penal Code.

As per prosecution case, five to ten miscreants entered the house of the informant and assaulted and misbehaved with him. They also looted house hold articles , cash Rs. 10,000/-, two mobile phones. Informant identified two persons one is Sudarshan Kumar and second is Prakash Kumar.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Injury is simple in nature. There is no deadly weapon used in course of

Patna High Court CR. MISC. No.32522 of 2021(2) dt.25-02-2022 2/2 occurrence. Hence, no offence under section 307 of the Indian Penal Code is made out.

Learned Additional Public Prosecutor opposes the bail prayer of the petitioner.

Considering the facts and circumstance of the case as well as submission of the parties, let the petitioner in the event of his arrest or surrender before the Court Below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Danapur, Patna in connection with Rupaspur P.S Case No. 505 of 2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C (Sunil Kumar Panwar, J) N.K/- U T