Patna High CourtCR. MISC./52016/2024bail granted

Prabhakar Kumar v. The State Of Bihar

2024-09-13Mr. Justice Prabhat Kumar Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50294 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- SILAO District- Nalanda ====================================================== Prabhat Kumar Son of Bihari Ravidas R/O Vill.- Bhui, P.s.- Silao, Dist.- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 52016 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- SILAO District- Nalanda ====================================================== Prabhakar Kumar Krishna Ravidas Village Bhui Ps Silao District Nalanda ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 50294 of 2024) For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP Mr. Surendra Kumar Mishra, Adv.

(In CRIMINAL MISCELLANEOUS No. 52016 of 2024) For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 CRIMINAL MISCELLANEOUS No. 50294 of 2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in connection with Silao P.S. Case No. 103 of 2024 registered under Sections 147, 148, 149, 341, 342, 324, 307, 326 and 504 of the Indian Penal

2/4 Code.

3. As per F.I.R., this petitioner along with other named accused persons assaulted informant and his son, on account of which they sustained injury.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to ulterior motive. Further submission is that allegation against this petitioner is general and omnibus. Specific allegation of assault is against coaccused Pramod Kumar. Case and counter case. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda (Biharsharif) in connection with Silao P.S. Case No. 103 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

CRIMINAL MISCELLANEOUS No. 52016 of 2024

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7. Heard learned counsel for the petitioner and learned A.P.P. for the State.

8. The petitioner apprehends his arrest in connection with Silao P.S. Case No. 103 of 2024 registered under Sections 147, 148, 149, 341, 342, 324, 307, 326 and 504 of the Indian Penal Code.

9. As per F.I.R., this petitioner is alleged to have assaulted on head of informant by means of lathi, as a result of which he sustained injury.

10. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to ulterior motive. Further submission is that allegation against this petitioner is general and omnibus. Though there is allegation of assault against this petitioner, but the doctor has found the injury simple in nature. Case and counter case. Petitioner claims clean antecedent.

11. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

12. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail

4/4 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda (Biharsharif) in connection with Silao P.S. Case No. 103 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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