Gauri Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39431 of 2021 Arising Out of PS. Case No.-77 Year-2021 Thana- GOPALPUR District- Patna ====================================================== GAURI SHANKAR PRASAD S/o Karmu Rai R/o village- Azimchak, P.S.- Gaurichak, District- Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office, within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench.

Petitioner apprehends his arrest in a case registered for the offence u/s 341, 342, 323, 325, 353, 504, 506, 34 of the IPC. The allegation against the petitioner is that he forcibly tried to get the signature of the informant on Yojana cheque and on refusal, gave threat and abused the informant. It is further alleged that, in the way, unknown persons attacked the informant and assaulted by means of rod, belt and danda. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.39431 of 2021(2) dt.03-03-2022 2/2 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case with oblique motive. No such occurrence as alleged has ever taken place. There is no specific allegation upon the petitioner of assaulting the informant, rather the allegation is general and omnibus in nature. There is no injury report on record to corroborate the allegation of assault upon the informant by unknown persons. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since, no specific allegation of assault is levelled upon the petitioner, 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 Gopalpur P.S. Case No.77 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T