Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68186 of 2022 Arising Out of PS. Case No.-321 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== SURESH KUMAR S/o Ramanand Saw R/v- Chhotaki Nawada, P.S.- Delha, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 279, 337, 338, 307, 506 of IPC. Allegedly, two boys sitting on a bike thrashed the scooty of the informant's husband and threatened him to withdraw the case which was lodged against the petitioner. In this incident the leg of husband of the informant got fractured. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is alleged that

Patna High Court CR. MISC. No.68186 of 2022(3) dt.20-03-2023 2/2 the said occurrence is said to have taken place on 09.05.2022 but the F.I.R. has been lodged on 13.05.2022 i.e. after delay of four days without any plausible explanation, which itself creates doubt about the prosecution case. Furthermore, there is no injury report in the case diary but only a prescription of Doctor has been enclosed. There is an admitted property dispute between the parties. Petitioner has one criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 Gaya Mufassil P.S. Case No.321/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.