Madhusudan Kumar @ Madhu Sudan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16293 of 2021 Arising Out of PS. Case No.-97 Year-2020 Thana- NASRIGANJ District- Rohtas ====================================================== 1.

MADHUSUDAN KUMAR @ MADHU SUDAN PRASAD S/O RAM BACHAN PRASAD R/o village- Nawadih, P.S.- Karakat (Gorari), DistrictRohtas 2.

AJIT KUMAR S/O LATE NARESH TATO R/o village- Balia Kothi, P.S.- Nasariganj, District- Rohtas 3.

NIRANJAN KUMAR S/O RAM BACHAN PRASAD R/o villageNawadih, P.S.- Karakat (Gorari), District- Rohtas 4.

RAMU PRASAD S/O LATE SRI GOVIND TATO R/o village- Balia Kothi, P.S.- Nasariganj, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Upadhyay For the Opposite Party/s :

Mr.A.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection withNasariganj P.S. Case no. 97 of 2020 instituted for the offence under Sections 341, 323, 379, 308, 504, 506 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.16293 of 2021(2) dt.21-12-2021 2/3 Prosecution story relates to abuse and assault to the informant and his family members by the petitioners and other co-accused persons. They also snatched their money, mobile and gold locket.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. There is case and counter case between the parties. There is no specific allegation against the petitioners rather allegations are general and omnibus in nature. Both parties have received injuries in the alleged occurrence. They have got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nasariganj P.S. Case no. 97 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned III additional Sessions

Patna High Court CR. MISC. No.16293 of 2021(2) dt.21-12-2021 3/3 Judge, (Bikramganj) Rohtas subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U