Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82983 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Om Prakash, Son of Shashi Kishore Sharma, Resident of Mohalla- Shivpuri R1AS1/6, Bhagmati Bhawan, Rajvanshi Nagar, P.S.- Shastri Nagar, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Prakash, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and Mr. Md. Shakir Ahmad, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Shrikrishnapuri P.S. Case No.214 of 2024 instituted for the offence under Sections 126, 115(2), 109, 329(4), 74, 351, 352, 3(5) of B.N.S. and Section 37 of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that the petitioner along with others entered in the house of the informant and assaulted the informant and his wife. It is alleged that the informant was assaulted with weapon due to which he received head injury. After this, all the accused persons assaulted

Patna High Court CR. MISC. No.82983 of 2024(2) dt.11-12-2024 2/3 indiscriminately.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that one Abhishek Kumar Singh has taken cash from the informant and he is having the dispute with Abhishek Singh. Injury report of the informant and his wife is also annexed. From perusal of both the injury report, it is clear that the informant and his wife have received simple injury. From perusal of the F.I.R., it is also clear that nature of allegation is general and omnibus. Petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Shrikrishnapuri P.S. Case No.214 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.82983 of 2024(2) dt.11-12-2024 3/3 to the satisfaction of learned Special Court, Excise Act 1st , Patna, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T