Ram Prakash Kumar @ Ram Prakash Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80471 of 2023 Arising Out of PS. Case No.-211 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== RAM PRAKASH KUMAR @ RAM PRAKASH CHAUHAN, aged about 20 years, Male, S/O JAY PRAKASH CHAUHAN @ JAI PRAKASH KUMAR Resident of VILLAGE- BELDARIYA, PS. ASHTHAWAN, DIST. NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-01-2024 Heard Mr. Anil Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Satyendra Narayan Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Asthawan P.S. Case No. 211 of 2023 dated 21.08.2023 registered for the offence(s) punishable under Sections 341, 342, 307, 504 and 34 of the Indian Penal Code.

3. As per the FIR, two named accused including the petitioner and some other unknown miscreants abused and assaulted the informant with iron rod.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and in fact the informant had committed theft in the shop of the petitioner and had stolen cash amount and the present FIR has been lodged on

Patna High Court CR. MISC. No.80471 of 2023(2) dt.10-01-2024 2/2 false acquisition against the petitioner. It is further submitted that the injury sustained by the informant is simple in nature.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the fact that the injury sustained by the informant is simple in nature, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Nalanda at Biharsharif in connection with Asthawan P.S. Case No. 211 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Sanjay/- U T