Mahanth Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5266 of 2022 Arising Out of PS. Case No.-76 Year-2021 Thana- SRINAGAR District- West Champaran ====================================================== 1.

MAHANTH PRASAD Son of Mangru Prasad Resident of Village- kohra Kani Toli, P.s.- Shrinagar, District- West Champran. 2.

Bhola Prasad Son of Mahanth Prasad Resident of Village- kohra Kani Toli, P.S.- Shrinagar, District- West Champran.

3.

Guddu Kumar @ Guddoo Kumar Son of Sukdeo Prasad Resident of Villagekohra Kani Toli, P.s.- Shrinagar, District- West Champran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 447, 307, 504, 506 and 34 of the Indian Penal Code. The informant alleges that on 28.08.2021 at about 5:00 pm, all the six named accused persons, including the petitioner, variously armed came at his door and started abusing and assaulting the informant and his brother on account of previous dispute, it is alleged that petitioner no. 3 assaulted Anil Kumar on head causing injury.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.5266 of 2022(2) dt.18-08-2022 2/2 petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that even allegation of assault is general and omnibus in nature though with respect to petitioner no.3, the allegation of assault is specific, it is next submitted that on account of land dispute, the present occurrence took place, the injury suffered by Anil Kumar is simple in nature and also the matter has been compromised as has been pleaded at paragraph '14' of the anticipatory bail application. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shrinagar P.S. Case No. 76 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T