← Library
Patna High CourtCR. MISC./69433/2024allowed

Vicky Kumar @ Sri Narayan Prasad @ Sri Narayan v. The State Of Bihar

2024-10-17Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69433 of 2024 Arising Out of PS. Case No.-530 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Vicky Kumar @ Sri Narayan Prasad @ Sri Narayan S/O Arun Prasad Resident of Village- Juniyar, Police Station- Hilsa, District- Nalanda, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Prateek, Adv.

Mr. Rahul Kumar Dubey, Adv.

Mr. Shashi Ranjan Kumar, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 379 and 509 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that when the informant was returning to her house after taking coaching, the petitioner along with other co-accused persons appeared before her and started molesting her. When the informant objected, they abused and assaulted her and also snatched her mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.69433 of 2024(2) dt.17-10-2024 2/3 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific allegation against the petitioner. He further submits that the injury was found simple in nature. Additionally, he contends that the informant already knows the petitioner's full address and phone number, which raises questions about the credibility of a claim made by someone who asserts they are being harassed by this individual. He next submits that both the petitioner and the informant are knowing each other from one year and due to some dispute the informant has lodged the present case against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that the petitioner and the informant are knowing each other from one year, 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

Patna High Court CR. MISC. No.69433 of 2024(2) dt.17-10-2024 3/3 amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ramkrishna Nagar P.S. Case No. 530 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T