Parkash Ranjan @ Parkash Kumar Srivastva @ Prakash Shrivastav @ Chandan Shrivastva v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 30118 of 2024 Arising Out of PS. Case No.-369 Year-2023 Thana- DARAUNDA District- Siwan ====================================================== PARKASH RANJAN @ PARKASH KUMAR SRIVASTVA @ PRAKASH SHRIVASTAV @ CHANDAN SHRIVASTVA SON OF PUNIL SHRIVASTVA @ PUNIL KUMAR SIRVASTAVA @ PUNIL PRASAD SHRIVASTAVA RESIDENT OF VILLAGE - BAGAURA, POLICE STATION - DARAUNDA, DISTRICT - SIWAN, PIN CODE - 841404 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Ravindra Kr, Rajesh Roy, Advocate For the Opposite Party/s :
Mr Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR JUSTICE KHATIM REZA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2 The petitioner apprehends arrest in connection with Daraunda PS Case No 369 of 2023 dated 02.12.2023 instituted under Sections 341, 323, 324, 325, 307, 504, 506/34 of the Indian Penal Code corresponding to GR No 5783 of 2023. 3 The allegation is that the petitioner along with other accused persons assaulted the informant's brothers. 4 The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. Allegation against he petitioner is that he assaulted with hammer on the backside, head and chest of Pankaj Kumar but
Patna High Court CR. MISC. No.30118 of 2024(2) dt.20-05-2024 2/3 the doctor found the multiple scratches on the left side of the chest measuring about 2" long caused by hard and blunt object. It is further submitted that the present case has been lodged by the informant only to save his skin from Darounda PS Case No 368 of 2023 lodged by the present petitioner against Pradeep Kumar and others. It is also submitted that the present FIR has been lodged after the aforesaid FIR. It is further submitted that the parties are co-villagers and there is a land dispute between them. It is also submitted that the doctor had not found the injury on the back and chest of Pankaj Kumar. It is further submitted that petitioner has no criminal antecedent. 5 Learned APP has opposed the prayer for bail.
6 Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XI, Siwan in Daraunda PS Case No 369 of 2023 corresponding to GR No 5783 of 2023 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.
Patna High Court CR. MISC. No.30118 of 2024(2) dt.20-05-2024 3/3 7 The application stands allowed.
(Khatim Reza, J) M.E.H./- U T