Tinku Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42617 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- BARH District- Patna ====================================================== Tinku Ram Son of Puna Ram Resident of Mohalla - Dayachak Naya Tola, Ward No.- 15, P.S.- Barh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 354, 379 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, this petitioner along with 3-4 unknown persons came at the door of the informant in drunken condition and started abusing the informant. When informant protested, this petitioner assaulted with butt of pistol on his chest. It is further alleged that when wife of informant came to save him she was also assaulted by the accused persons and they also snatched away her gold chain.

It is submitted that petitioner has been falsely

Patna High Court CR. MISC. No.42617 of 2022(2) dt.01-12-2022 2/2 implicated in this case by the informant only with a view to save his skin from Barh PS Case No. 22 of 2022 dated 11.01.2022 which was lodged by mother of petitioner against informant and others. FIR has been lodged after delay of 12 days and there is no plausible explanation for the same. Moreover, though there is allegation of assault, but there is no injury report on record.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Barh, Patna in connection with Barh P.S. Case No. 34 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T