Pramod Kumar @ Pramod Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69033 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== Pramod Kumar @ Pramod Rai S/O Rajendra Ray Resident Of Ward No. 15, Lohagir, Bhikhabhat @ Lohagir, Ps. Ujiarpur, Dist. Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 69042 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== Raju Ranjan @ Raja Ray Son Of Lakshmi Roy R/O Vill - Lohagir, P.S. - Ujiarpur, Dist. - Samastipur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 69033 of 2023) For the Petitioner/s :
Mr.Saket Tiwary For the Opposite Party/s :
Mr.Shantanu Kumar (In CRIMINAL MISCELLANEOUS No. 69042 of 2023) For the Petitioner/s :
Mr.Mritunjay Kumar For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2024 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147,
Patna High Court CR. MISC. No.69033 of 2023(3) dt.25-01-2024 2/3 148, 149, 341, 323, 324, 307, 354B, 379, 427, 448, 504, 506 of the Indian Penal Code.
4. According to the FIR, all the accused persons including the petitioners came to the door of the informant and entered inside his house, damaged the household articles and committed loot-paat. All the accused persons assaulted the informant and his family members with lathi, danda and khanti casing injury.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that occurrence took place on 08.03.2023 but the FIR has been lodged on 22.03.2023 after delay of 14 days without explaining any reasonable cause of delay. He submits that there is case and counter case between the parties. He submits that the injury found upon the victim is simple in nature. He further submits that petitioner of Cr. Misc. No. 69033 of 2023 has no criminal antecedent and rest of the petitioner has one criminal antecedent as stated in para-3 of the bail application.
6. Learned APP for the State opposing the prayer for bail submits that the injury found upon the father of the informant is grievous in nature.
Patna High Court CR. MISC. No.69033 of 2023(3) dt.25-01-2024 3/3
7. Considering the facts and circumstances of the case, let the above named petitioner of Cr. Misc. No. 69042 of 2023 in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Ujiarpur P.S. Case No. 90 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
8. So far as petitioner of Cr. Misc. No. 69033 of 2023 is concerned, there is specific allegation against him to assaulted the father of the informant and the injury found upon the victim is grievous in nature, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case. (Anjani Kumar Sharan, J) devendra/- U T