Patna High CourtCR. MISC./49992/2024bail granted

Niraj Kumar @ Vinay Kumar v. The State Of Bihar

2024-09-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49992 of 2024 Arising Out of PS. Case No.-226 Year-2019 Thana- BELDOUR District- Khagaria ====================================================== Niraj Kumar @ Vinay Kumar Son of Sri Damodar Singh Resident of VillagePansalwa, P.S.- Beldaur, District- Khagaria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 147, 341, 323, 353, 427, 504 and 506 of the Indian Penal Code and sections 3⁄4 of the Prevention of Damage of Public Property Act.

3. As per the prosecution case, 17 named and 5/7 unknown persons assaulted the doctor and other staff and ransacked the hospital in which six persons sustained injuries. Informant and other medical personnel anyhow managed to escape.

4. It is submitted on behalf of the petitioner that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation of assault against 17 named and 5 to 7 unknown accused persons. Doctor has found simple injuries. Petitioner claims clean antecedent. Co-

Patna High Court CR. MISC. No.49992 of 2024(2) dt.27-09-2024 2/2 accused, with similar allegation, has already been allowed prearrest bail by a co-ordinate bench of this Court vide order paragraph 17 of the bail petition.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 Judicial Magistrate 1st class, Khagaria in Beldaur Police Station Case No. 226 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T