Om Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69867 of 2022 Arising Out of PS. Case No.-660 Year-2021 Thana- MANER District- Patna ====================================================== OM PRAKASH RAI S/o Raja Rai R/o- Byapur (Bichaligali), P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Priyedarshi For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Maner P.S. Case No. 660 of 2021, registered for the offence punishable under Section 341, 323, 504, 506, 307, 448, 427, 354 and 379/34 of the Indian Penal Code. The allegation is regarding the accused persons including the petitioner herein having abused and misbehaved with the wife of the informant, whereafter they had also struck the informant with iron rod on his head resulting in the informant sustaining injuries.

The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned

Patna High Court CR. MISC. No.69867 of 2022(2) dt.16-05-2023 2/3 counsel for the petitioner has referred to the injury report in question of the informant to submit that the injury has been found to be simple in nature. Nonetheless, it is submitted that the petitioner is ready and willing to abide by such conditions as may be deemed fit and proper to be imposed for the purposes of grant of anticipatory bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, taking into account the materials available on record as also considering the fact that the injury, sustained by the informant, attributable to the petitioner, has been found to be simple in nature, though I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail, however, subject to certain conditions.

Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM,

Patna High Court CR. MISC. No.69867 of 2022(2) dt.16-05-2023 3/3 Danapur, Patna in connection with Maner P.S.Case No. 660 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is further directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned police station on each Monday of the week at 10:30 am. and in the event of two consecutive defaults, the present privilege of anticipatory bail, being granted to the petitioner herein, shall stand cancelled automatically.

(Mohit Kumar Shah, J) Ajay/- U T