Pramod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37999 of 2018 Arising Out of PS.Case No. -246 Year- 2018 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Pramod Prasad, S/o Late Lakshman Prasad, Resident of Village- Chhoti Kalyani, Kalisthan, P.S.- Town, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Karn, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 . Heard learned counsel for the petitioner and learned A.P.P.

The petitioner seeks anticipatory bail in connection with Muzaffarpur Town P.S.Case No. 246 of 2018, registered for offences punishable under Sections 420,406, 341, 323, 325 and 504 of the Indian Penal Code.

Allegation against the petitioner is that he has taken Rs. 25,000/- from the informant but on demand of money, the petitioner did not return the money and when the informant went to the house of the petitioner to demand his money the petitioner started to assault with fists and slaps and also with lathi blow, causing facture of his shoulder.

Submission of the learned counsel for the petitioners is that money has already returned, which will appear from

Patna High Court Cr.Misc. No.37999 of 2018 (3) dt.23-07-2018 2/2 Annexure-2, which is Panchnama and allegation is of assault is false and no injury report has been found and the petitioner has falsely been implicated in this case. It is also submitted that the petitioner has no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Muzaffarpur Town P.S.Cse No. 246 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioner shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T