Lal Bahadur Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27256 of 2020 Arising Out of PS. Case No.-22 Year-2020 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== LAL BAHADUR PRASAD S/o Bishwanath Prasad Resident of VillageMahmmadpur, P.S.-G.B. Nagar, District-Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Raghav Prasad, Advocate For the Opposite Party :

Mr Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State through video conferencing.

The petitioner apprehends arrest in a case registered for the offence punishable under section 307 and other ancillary sections of the Indian Penal Code.

Prosecution's case, in brief, is that the petitioner armed with knife and his associate Munna Kumar armed with Katta abused the informant and inflicted knife blow on the shoulder and elbow of the informant, and his associate assaulted the informant with fists and legs.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Present case has been filed in retaliation of GB Nagar

Patna High Court CR. MISC. No.27256 of 2020(2) dt.06-11-2020 2/2 Police Station Case No. 26 of 2020 lodged by the wife of the petitioner. It is also the case of the petitioner that section 307 Indian Penal Code is not made out as the doctor who examined the informant did not find the injury on any vital part of the body and nature of injury was simple. As per para 3, petitioner has got no criminal antecedent.

In the facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate XI, Siwan in GB Nagar Police Station Case No. 22 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T