Ranjit Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15534 of 2024 Arising Out of PS. Case No.-297 Year-2023 Thana- DARAUNDA District- Siwan ====================================================== 1.

Ranjit Kumar Prasad S/O Late Gautam Prasad R/O Village- Nawalpur, Ps.- Daraunda, Dist.- Siwan.

2.

Om Prakash Prasad S/O Late Gautam Prasad R/O Village- Nawalpur, Ps.- Daraunda, Dist.- Siwan.

3.

Suresh Prasad S/O Late Gautam Prasad R/O Village- Nawalpur, Ps.- Daraunda, Dist.- Siwan.

4.

Praveen Kumar @ Praveen Prakash S/O Om Praksah Prasad R/O VillageNawalpur, Ps.- Daraunda, Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kant, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Daraunda P.S. Case No. 297 of 2023 instituted under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, on 17.09.2023 at about 05:00 hours, when the husband of the informant was returning home with Rs. 1,05,000/ after selling grains by motorcycle, the accused persons came there, stopped his motorcycle and started

Patna High Court CR. MISC. No.15534 of 2024(2) dt.19-03-2024 2/3 abusing him. It is further alleged that when the husband of the informant opposes the same, the accused persons assaulted him by farsa due to which he sustained injury. It is also alleged that the accused persons also assaulted other family members of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that the informant side is the aggressor who assaulted the petitioners in which the petitioner nos. 2 and 3 got grievous injury and to save themselves, the informant file the FIR after four days of the incident. He also submits that the injury got by the informant and her family members are simple in nature. He further submits that there is land dispute between the parties and the petitioners have no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned

Patna High Court CR. MISC. No.15534 of 2024(2) dt.19-03-2024 3/3 Chief Judicial Magistrate, Siwan in connection with Daraunda P.S. Case No. 297 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T