Prem Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32512 of 2022 Arising Out of PS. Case No.-39 Year-2017 Thana- BIKRAMGANJ District- Rohtas ====================================================== PREM KUMAR SAH Son of Satya Narayan Sah Resident of Village - Duari, P.s.- Karakat, Distt.- Rohtas.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on account of road rage the auto driver started abusing and assaulting the informant for not giving way to his vehicle, further alleges that some miscreants from a tailor shop came and assaulted him and his labourers Chand and Sonu, it is next alleged that Chand had to take 10 stitches on his head.
Patna High Court CR. MISC. No.32512 of 2022(2) dt.23-11-2022 2/3 Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that the altercation took place, as informant was not giving way to the petitioner, was carrying a patient, it is next submitted that even presuming what is alleged is true without admitting for the purposes of anticipatory bail, then allegation of assault is general and omnibus in nature, further from perusal of Annexure-2, it would manifest that the injury suffered by the Chand is simple in nature which amply demonstrates that the accused persons never had any intention of committing a serious occurrence.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the
Patna High Court CR. MISC. No.32512 of 2022(2) dt.23-11-2022 3/3 case is pending/successor court in connection with Bikramganj P.S. Case No. 39 of 2017 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T