Pappu @ Parvej @ Md Parvej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54726 of 2021 Arising Out of PS. Case No.-81 Year-2021 Thana- KUMAR KHAND District- Madhepura ====================================================== PAPPU @ PARVEJ @ MD PARVEJ Son of Late Kudus Resident of VillageTikuliya, Ward No.02, Police Station- Kumarkhand, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2022 Heard the parties.

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, 323, 307, 354A, 379, 504, 34 IPC. Petitioner along with others are said to have assaulted and beaten the informant's wife by feet on her abdomen. Petitioner also hit on her head with intention to kill by iron rod. He also helped other co-accused in snatching the ornaments. 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 due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. Though the allegation against petitioner is of assaulting the informant by means of iron rod but the injury as

Patna High Court CR. MISC. No.54726 of 2021(3) dt.09-11-2022 2/2 per the injury report is simple in nature. There is general and omnibus allegation against the petitioner. Petitioner has one criminal antecedent. He further submits that the alleged occurrence is said to have taken place on 07.03.2021 but the FIR was lodged on 17.03.2021 i.e. after a delay of 10 days. There is no plausible explanation regarding such delay in lodging the FIR and it creates doubt about the prosecution case. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injury is simple in nature, 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 Kumarkhand P.S. Case No.81 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.