Guddu Kumar @ Ramraj Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74594 of 2022 Arising Out of PS. Case No.-263 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

GUDDU KUMAR @ RAMRAJ PRASAD Son of Harinarayan Mahto R/VChouri, P.S- Daudnagar, Distt.- Aurangabad 2.

Om Prakash Yadav Son of Chandraman Yadav @ Chandraman Singh @ Chandrama Yadav R/V- Chouri, P.S- Daudnagar, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2023 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 149, 323, 341, 308, 379, 504 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant was on his way to house, the F.I.R. named accused persons including these petitioners attacked on him with the butt of pistol and lathi, as a result of which, he sustained injury. In the incident, one Baijnath Singh was also assaulted and thereafter, the accused persons snatched gold chain, mobile and cash of Rs. 1700/- from them.

It is submitted on behalf of petitioners that the allegation levelled against petitioners and other FIR named accused is completely false and fabricated. As a matter of fact,

Patna High Court CR. MISC. No.74594 of 2022(2) dt.24-03-2023 2/2 informant is a P.D.S. dealer and several irregularities were found there, which was objected by Shivkumar Yadav, who was Deputy Mukhiya of village and for that reason, the informant lodged this case with false allegation against said Deputy Mukhiya and others including petitioners. It is further submitted that the allegation of commission of theft and assault is general and omnibus. Injury has been found to be simple in nature. Petitioners have got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 263 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T