Patna High CourtCR. MISC./49979/2023bail granted

Gourav Kumar @ Gourav Singh @ Mahavir Singh v. The State Of Bihar

2023-08-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49979 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== GOURAV KUMAR @ GOURAV SINGH @ MAHAVIR SINGH SON OF PRABHU DAYAL SINGH R/O-KALI THAKUR LANE NEAR CONGRESS OFFICE, P.S.-JOGSAR, DISTT.-BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Prasad Roy, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 379, 324, 384/34 of the Indian Penal Code.

3. It is alleged that this petitioner has assaulted the informant by bricks on his head in which he sustained injury.

4. It is submitted that the name of the petitioner transpired during course of investigation. The allegation of assault is totally false against the petitioner as on the day of occurrence , informant was in drunken condition due to which he suddenly fell down upon the brick lying on the road and sustained injury. Though the alleged occurrence is of

Patna High Court CR. MISC. No.49979 of 2023(2) dt.11-08-2023 2/2 27.01.2023 but after the lapse of one day he had gone for treatment for which there is no plausible explanation and delay in the treatment, creates doubt over the veracity of the entire prosecution. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named 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 learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Jogsar) P.S. case no . 102 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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