Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53885 of 2023 Arising Out of PS. Case No.-296 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Prakash Sah S/O- Sri Nagina Sah Village- Dubey Tola Jabdaul Ps- Chanpatia (Kumarbag) Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma Mr. Abhishek Kumar Mr. Sagar Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 327, 504, 506 of the Indian Penal Code.

3. Allegation against the petitioner is that being the driver of the tractor he drove the tractor over the informant intentionally by which informant received injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that the injury found upon the victim is simple in nature. He submits that occurrence took place on 06.05.2023 but the FIR has been lodged on 08.05.2023 after delay of 2 days without explaining any reasonable cause of

Patna High Court CR. MISC. No.53885 of 2023(3) dt.14-09-2023 2/2 delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail submits that one of the injuries was reserved by the doctor.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Chanpatian (Kumarbag) P.S. Case No. 296 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

7. However, the learned court below shall accept the bail bond of the petitioner after verifying the fact that the victim has not received grievous injury.

(Anjani Kumar Sharan, J) devendra/- U T