Madheshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20907 of 2023 Arising Out of PS. Case No.-30 Year-2021 Thana- HULASGANJ District- Jehanabad ====================================================== MADHESHWAR PRASAD S/O- Late Basudev Prasad Village- Karhara PsGhosi Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 279, 337, 338, 379 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner, being his son-in-law, tried to crush him by dashing the car with the bike on which the informant along with his elder brother was travelling.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that there is a land

Patna High Court CR. MISC. No.20907 of 2023(2) dt.26-06-2023 2/3 dispute between the parties as the informant's wife and daughter pressurized the informant to execute the landed property in favour of the petitioner. Learned counsel next submits that since the wife and daughter of the informant are siding with the petitioner, as such the present false case came to be instituted. Learned counsel for the petitioner next submits that the informant along with his brother met with a road accident and thus took the same as an opportunity to falsely implicate his son-in-law. Learned counsel next submits that petitioner will not abscond rather will co-operate in the investigation and present himself as and when required by the Investigating Officer of the case for eliciting the truth.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hulasganj P.S.

Patna High Court CR. MISC. No.20907 of 2023(2) dt.26-06-2023 3/3 Case No. 30 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T