Patna High CourtCR. MISC./62078/2024bail granted

Prem Kumar v. The State Of Bihar

2024-09-11Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62078 of 2024 Arising Out of PS. Case No.-235 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Prem Kumar son of Rajendra Prasad Baitha @ Rajendra Baitha @ Rajendra Prasad Rajak Village- Labadana Dihra, P.S.- Obra, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Sinha, Adv For the Opposite Party/s :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Aurangabad Town P.S. Case No. 235 of 2024 dated 20.03.2024 registered for the offences punishable u/s 354B, 323, 341, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have abused and assaulted the informant with fists and slaps.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of 1 month and 8 days in lodging the F.I.R. and there is no plausible explanation for the same. It is

Patna High Court CR. MISC. No.62078 of 2024(2) dt.11-09-2024 2/2 further submitted that the informant is the aunt of the petitioner and the petitioner lent Rs. 10,000/- to her, on repeated demand and request the informant did not return the amount to him for which some scuffle took place between them. No case u/s 354B is made out against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Aurangabad Town P.S. Case No. 235 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T