Patna High CourtCR. MISC./50812/2017allowed

Ram Prit Rai @ Ram Prit Prasad v. The State Of Bihar

2017-12-11Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.50812 of 2017 (3) dt.11-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50812 of 2017 Arising Out of PS.Case No. -256 Year- 2015 Thana -ATHMALGOLA District- PATNA ====================================================== Ram Prit Rai @ Ram Prit Prasad Son of Alakhdeo Rai, R/o Village- Ram Nagar Diara, P.S.- Athmalgola, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa, Advocate For the Opposite Party/s : Mr. Sri Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Athmalgola Police Station Case No. 256 of 2015, disclosing offences under Sections 341, 323, 307, 504, 379 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner has submitted that the petitioner, who is said to be of clean antecedent, is innocent and has not committed any offence. As a matter of fact, the occurrence is said to have taken place on 20.11.2015 whereas the instant F.I.R. has been lodged on 24.11.2015 after lapse of four days without explaining the plausible delay, which itself creates doubt over the prosecution version. Moreover, although

Patna High Court Cr.Misc. No.50812 of 2017 (3) dt.11-12-2017 there is allegation of firmarm injury on the chest of the informant but no injury is available on record to support the allegation leveled against the petitioner in the F.I.R. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Barh, Patna in connection with Athmalgola Police Station Case No. 256 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T