Om Prakash @ Om Prakash Nirala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62209 of 2021 Arising Out of PS. Case No.-140 Year-2020 Thana- SAKURABAD District- Jehanabad ====================================================== OM PRAKASH @ OM PRAKASH NIRALA Son of Shiv Bachan Singh Resident of Village- Ishakchak, P.O.- Aira, P.S.- Shakurabad, DistrictJehanabad, Bihar- 804421. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pranav Kumar, Advocate For the Opposite Party/s :
Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 338, 302/34 of the Indian Penal Code.
Prosecution case in brief is that the son of the informant went for walk, meanwhile some miscreants brutally assaulted him and after that he came to his house and became unconscious. It is alleged that the informant got knowledge
Patna High Court CR. MISC. No.62209 of 2021(2) dt.11-07-2022 2/3 about the occurrence by social media. Thereafter, the son of the informant died in course of treatment. It is further alleged that in the occurrence, co-accused Rajnish Kumar, Raju Kumar and some other boys are involved and they also snatched the mobile of Md. Nasim during the occurrence.
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. No such occurrence, in the manner as alleged, has ever taken place. Petitioner is not named in the F.I.R. but his name transpired in this case on the basis of statement of the apprehended co-accused before the police. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent and several similarly situated co-accused persons have been enlarged on anticipatory bail by this Court and a co-ordinate Bench of this court vide order dated 04.07.2022, passed in Cr. Misc. No.58954 of 2021 and vide order dated 01.04.2022 passed in Cr. Misc. No.59594 of 2021. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, let
Patna High Court CR. MISC. No.62209 of 2021(2) dt.11-07-2022 3/3 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 Shakurabad P.S. Case No.140/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T