Nand Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61333 of 2023 Arising Out of PS. Case No.-25 Year-2022 Thana- DHIBRA District- Aurangabad ====================================================== NAND KISHORE PRASAD SON OF LATE LALDEO PRASAD RESIDENT OF VILLAGE - BALUGANJ, BARANDI, P.S. - DHIBRA, DISTRICT - AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Vishal, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner has produced the injury report in the Court.

3. Let it be kept on record.

4. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 379, 307, 504, 506 of the Indian Penal Code.

5. Allegedly, all the accused persons, armed with deadly weapons, came to the informant and assaulted him. Petitioner is said to have given an iron rod blow on the informant's head.

6. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.61333 of 2023(2) dt.16-10-2023 2/2 No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The injury sustained by the injured is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

7. Learned APP for the State opposed the prayer for bail.

8. Having regard to the facts and circumstances of the case, as injury sustained by the injured is simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Dhibra P.S. Case No. 25 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T