Prem Barnwal @ Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6704 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Prem Barnwal @ Prem Kumar Son Of Late Tej Narayan Prasad @ Tej Narayan R/O Vill.- Ramgarhwa Bazar, P.S.- Ramgarhwa, Distt.- East Champaran 2.

Kishan Barnwal @ Kishan Kumar Son Of Late Tej Narayan Prasad @ Tej Narayan R/O Vill.- Ramgarhwa Bazar, P.S.- Ramgarhwa, Distt.- East Champaran 3.

Sonu Barnwal @ Sonu Kumar @ Ashish Kumar Son Of Arjun Barnwal R/O Vill.- Pandey Tola, P.S.- Sikarpur, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2023 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Ramgarhwa P.S. Case No. 208 of 2022 registered for the offences punishable under Sections 147, 149, 323, 307, 379, 354, 504, 506/34 the Indian Penal Code.

As per the prosecution case, while the informant and his family members were sleeping inside the house, all the FIR named accused persons including the petitioners and 20-22 unknown persons are alleged to have assaulted the informant

Patna High Court CR. MISC. No.6704 of 2023(2) dt.17-04-2023 2/3 and his family members with lathi, danda and iron rod causing head injuries.

Learned counsel appearing for the petitioners submits that the petitioners have been falsely implicated in this case. It is further alleged that both the parties are agnates and due to land dispute, a free fight took place in which both the sides sustained simple injuries. Case and counter case. No specific overt act has been attributed against the petitioners. Petitioners claim clean antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Divisional Judicial Magistrate,Raxaul, East Champaran in Ramgarhwa P.S. Case No. 208 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) N.K/- U T

Patna High Court CR. MISC. No.6704 of 2023(2) dt.17-04-2023 3/3