Nirala Bhagat @ Nirala Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49392 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Nirala Bhagat @ Nirala Kumar S/o Rakesh Bhagat @ Rakesh Prasad R/o vill - Phulwar , P.S. - Banjariya, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.
3. Allegation against the petitioner is of commission of assault by means of iron rod on the head of informant.
4. Learned counsel for the petitioner submits that injury allegedly caused by the petitioner is simple in nature. F.I.R. has been lodged after inordinate delay of seven days and there is no plausible explanation for the same. Petitioner has got clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the simple injury, delay in lodging the
Patna High Court CR. MISC. No.49392 of 2024(2) dt.08-08-2024 2/2 F.I.R. and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Additional Chief Judicial Magistrate-6, East Champaran, Motihari in connection with Turkauliya (Banjariya) P. S. Case No. 42 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T