Prabhakar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62084 of 2023 Arising Out of PS. Case No.-202 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== Prabhakar Singh S/O Late Mogal Singh Village- Basudeopur, Ps- Sahkund, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Sahkund P.S. Case No. 202 of 2023 dated 06.05.2023, instituted for the offence punishable under Sections 352, 379, 354, 427, 504 and 506 of the Indian Penal Code.
3. The prosecution case, in short, is that the informant (Soni Acharya), who is Sarpanch of the Basudeopur Panchayat, has alleged that when she was working in the panchayat, the petitioner (Prabhakar Singh) came and started nuisance and abusing the informant. The petitioner also tore some files kept on the table and kept some files with him. On protest by the officials of gram panchayat, the petitioner started throwing bricks upon them.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.62084 of 2023(2) dt.16-10-2023 2/3 petitioner is innocent and he has been falsely implicated in this case. It is submitted that the petitioner has filed a petition before Sarpanch for land dispute with Niranjan Singh, who is resident of the same village and the petitioner had deposited Rs. 100 for copy of petition and order sheet of the proceeding dated 17.11.2022. No copy has been supplied by Sarpanch under influence of Niranjan Singh and on demand of copy of the aforesaid petition as well as order sheet this false case has been instituted. It is further submitted that the present case has been instituted only to support Niranjan Singh. It is submitted that there is general allegation of tearing some files and taking away some files by him but she did not disclose details of the paper which shows petitioner has been implicated only to harass the petitioner. Lastly, it has been submitted that he has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Sahkund P.S. Case No. 202 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.62084 of 2023(2) dt.16-10-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bhagalpur, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T