Surendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5007 of 2025 Arising Out of PS. Case No.-105 Year-2023 Thana- FATUA District- Patna ====================================================== 1.
Surendra Prasad Son of Late Ramnandan Singh Village- Rukunpur Police Station- Fatuha District -Patna 2.
Sanjeev Prasad son of Surendra Prasad Village- Rukunpur Police StationFatuha District -Patna 3.
Munni Devi wife of Surendra Prasad Village- Rukunpur Police StationFatuha District -Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Suryadev Rai son of Late Raghu Rai Village- Rukunpur Police StationFatuha District -Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar S.K.
For the Opposite Party/s :
Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-02-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for informant.
2. The petitioners, apprehending their arrest in Fatuha P.S. Case No. 105 of 2023, registered for the offences punishable under Sections 323, 341, 354, 420, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of of occurrence, when the informant went to demand his due amount of Rs. 3.50 Lakhs then the accused persons got infuriated and started abusing him. Upon protest, co-accused Sanjeev Prasad assaulted informant and pushed his wife on the
Patna High Court CR. MISC. No.5007 of 2025(2) dt.13-02-2025 2/3 ground. They also threatened and refused to pay the rest amount of Rs. 3,50,000/- to the informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case only with a view to extra greed. He further submits that petitioner nos. 2 and 3 are son and wife of the petitioner no. 1. As a matter of fact, they have returned the entire borrowed money and its receipt was made by Nitish Kumar and Surya Deo Rai in presence of witness Balram Singh 07.09.2021 and was also filed report before Lok Shikayat Nivaran Padadhikari, Patna City in the Proceeding of Misc. Case No.- 428116026082204573 and in which he mentioned that payment of all amount has already made by the accused persons against the sale deed. Petitioners have two criminal antecedents in which in one case they are acquitted and other case they are on bail.
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances of the case, this application for anticipatory bail is allowed.
7. Accordingly, let the above named petitioners, in the event of their arrest /surrender within a period of eight
Patna High Court CR. MISC. No.5007 of 2025(2) dt.13-02-2025 3/3 weeks from today, 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 A.C.J.M.- 1, Patna City, (Patna) in connection with Fatuha P.S. Case No. 105 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Ranjeet/- U T