Patna High CourtCR. MISC./32240/2023bail granted

Tikash@Tikash Kumar Das@Prabhash Kumar Das v. The State Of Bihar

2023-07-21Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32240 of 2023 Arising Out of PS. Case No.-47 Year-2022 Thana- PUWAKHALI District- Kishanganj ====================================================== Tikash @ Tikash Kumar Das @ Prabhash Kumar Das Son of Ashwani Prasad Das Resident of Village- Khana Bari, Sarai Kuri, P.S.- Puwakhali, DisttKishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh, Advocate.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-07-2023 Heard Mr. Radha Mohan Singh, learned counsel appearing on behalf of the petitioner and Mr. Madhura Nand Jha, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Powakhali P.S. Case No. 47 of 2022 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 504, 506, 427, 379, 186, 188, 189, 332, 333, 307 and 353 of the Indian Penal Code.

3. F.I.R. is against 7 named accused and 15-20 unknown miscreants. Petitioner is named in the F.I.R. The allegation is of assaulting the informant who is the Junior Electrical Engineer, Powakhali.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has

Patna High Court CR. MISC. No.32240 of 2023(2) dt.21-07-2023 2/2 falsely been implicated in the case. The allegation against the petitioner is false and concocted. The informant is Junior Electrical Engineer and he has not discharged his duty in a proper manner which led to the incidence as enumerated in the F.I.R. The allegation levelled against the petitioner is general and omnibus. The petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Powakhali P.S. Case No. 47 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T