Jai Prakash Singh @ Lohara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41136 of 2022 Arising Out of PS. Case No.-89 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== JAI PRAKASH SINGH @ LOHARA Son of Shri Yogendra Singh Resident of Village - Karama, Post - Dhawani, P.S.- Karakat, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Raman, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 341, 321, 307 & 34 of IPC. Allegedly, the accused person named in F.I.R. including the petitioner assaulted the informant with weapons with intent to kill him.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case with ulterior motive. The informant has filed this FIR with ulterior motive to destroy the future of the petitioner. No such occurrence, in the manner as

Patna High Court CR. MISC. No.41136 of 2022(2) dt.24-11-2022 2/2 alleged, has ever taken place. This information is totally wrong because the accused petitioner was not available at the place of occurrence on the alleged date. As per the injury report of the informant, injury no.7 is grievous in nature which is assaulted by co-accused Manu Singh not by petitioner. There is no specific allegation of assault against the petitioner. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific allegation against 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 Karakat P.S. Case No.89 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T