← Library
Patna High CourtCR. MISC./16221/2022allowed

Nand Lal @ Nandu Prasad v. The State Of Bihar

2022-11-15Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16221 of 2022 Arising Out of PS. Case No.-329 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

NAND LAL @ NANDU PRASAD Son of Late Basdeo Mahto Resident of village - Gorhwa, P.S.- Motihari Muffasil, District - East Champaran, Motihari.

2.

Pradeep Kumar Son of Nandlal @ Nandu Prasad Resident of village - Gorhwa, P.S.- Motihari Muffasil, District - East Champaran, Motihari. 3.

Sandeep Kumar Son of Nandlal @ Nandu Prasad Resident of village - Gorhwa, P.S.- Motihari Muffasil, District - East Champaran, Motihari. 4.

Ranjeet Kumar Son of Nandlal @ Nandu Prasad Resident of village - Gorhwa, P.S.- Motihari Muffasil, District - East Champaran, Motihari. 5.

Sonu Kumar Son of Nandlal @ Nandu Prasad Resident of village - Gorhwa, P.S.- Motihari Muffasil, District - East Champaran, Motihari. 6.

Angad Prasad Son of Bhadai Prasad Resident of village - Gorhwa, P.S.- Motihari Muffasil, District - East Champaran, Motihari. 7.

Umesh Prasad Son of Basdev Mahto Resident of village - Gorhwa, P.S.- Motihari Muffasil, District - East Champaran, Motihari. 8.

Khushnandan Prasad Son of Late Ram Ayodhya Prasad Resident of village - Gorhwa, P.S.- Motihari Muffasil, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case

Patna High Court CR. MISC. No.16221 of 2022(2) dt.15-11-2022 2/3 registered for the offence punishable under Sections 143, 341, 323, 324, 354B, 379, 452, 504, 506 and 34 of the Indian Penal Code and 3⁄4 of the Witch (Dain) Practices Act. Petitioners along with others co-accused is to have formed an unlawful assembly and holding weapons in their hands came and assaulted the informant and her family members.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He relied upon the impugned order in which it is stated that injuries found upon the victim are simple in nature. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that injuries found upon the victim are simple in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.16221 of 2022(2) dt.15-11-2022 3/3 satisfaction of the learned court below where the case is pending/successor court in connection with Muffasil P.S. Case No. 329 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T