Prashant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5201 of 2021 Arising Out of PS. Case No.-219 Year-2020 Thana- AWTARNAGAR District- Saran ====================================================== Prashant Kumar Singh Son of Ashok Kumar Singh Resident of Village - Chainpurwa., P.S.-Awtarnagar, District - Saran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that while the informant was on the way, the accused persons abused and assaulted him due to which he sustained injury. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.5201 of 2021(2) dt.12-08-2021 2/2 present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. At best, it is a case for offence under Section 323 I.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned J.M. 1st Class, Saran,Chapra in connection with G.R. No. 7085 arising out of Awatarnagar P.S. Case No. 219/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T