Patna High CourtCR. MISC./51153/2019allowed

Om Prakash Kumar v. The State Of Bihar

2019-08-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51153 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- OBRA District- Aurangabad ====================================================== OM PRAKASH KUMAR Son of Ramgati Mehta Resident of Village - Jiyadipur, P.S.- Obra, District- Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Obra P.S. Case No. 87 of 2019 for the offence punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. It is evident from the First Information Report that there is a dispute between the parties over passage. Allegedly, the petitioner has assaulted the informant in his head with an iron rod.

Learned counsel appearing on behalf of the petitioner has submitted that he has been falsely implicated and has referred to an earlier First Information Report registered by wife of co-accused Ramgati Mehta, which was registered as Obra P.S. Case No. 88 of 2019 lodged on 10.04.2019. Considering the facts and circumstances and nature of allegation, this application is allowed.

Patna High Court CR. MISC. No.51153 of 2019(2) dt.17-08-2019 2/2 Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released 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 S.D.J.M., Daudnagar, Aurangabad, in Obra P.S. Case No. 87 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T