Dinesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42808 of 2023 Arising Out of PS. Case No.-449 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== DINESH PRASAD Son of Late Vidhyanand Mahto Resident of village - Jamunia Koraiya, P.S. - Jharokhar, Distt. - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Ram Pukar Mahto Son of Late Yuga Mahto Resident of village - Innarwa Phulwar, P.S. - Lakhaura, Distt. - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shakil Ahmad Khan For the Opposite Party/s :

Mr. Rajendra Prasad Nat Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 Heard the parties.

2.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 392 and other allied Sections of the Indian Penal Code.

3.

Allegedly, the complainant with one Arvind Kumar was going to Raxaul, the petitioner and other co-accused persons stopped them on gun point and demanded money from the complainant. When the complainant raised objection, the petitioner assaulted him with the butt of country made pistol and snatched Rs.1,00,000/- 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He

Patna High Court CR. MISC. No.42808 of 2023(2) dt.10-08-2023 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that no injury report has been enclosed by the complainant in the complaint petition. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as there is no injury on record, let the above named petitioner, be released on bail, in the event of his/her 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 Complaint Case No.449 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T