Upendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29720 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- EKANGARSARAI District- Nalanda ====================================================== UPENDRA PRASAD Son of Late Ram Lakhan Prasad Resident of Madanpur, P.S.- Ekangarsarai, District- Nalanda. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 325, 307, 354, 504, 506, 34 of the Indian Penal Code.
The prosecution allegation, in short, is that the informant was assaulted and abused by the accused persons. It has been submitted on behalf of the petitioner that the
Patna High Court CR. MISC. No.29720 of 2020(2) dt.11-12-2020 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The nature of injury is said to be simple. The injury reports of the victim are Annexure-3 and 3/1 to the present application. Hence, no offence under section 307 IPC is made out.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve 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 Incharge A.C.J.M., Hilsa in connection with Ekangar Sarai P.S. Case No. 23/2020, G.R. No. 220 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T