Ramchandra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17548 of 2020
1. Ramchandra Prasad son of Late Ram Prasad
2. Laxman Prasad son of Late Ram Prasad
3. Bharat Prasad son of Late Ram Prasad
4. Santosh Kumar @ Ashok Kumar son of Sri Ramchandra Prasad
5. Rajesh Kumar @ Rajesh Prasad son of Sri Laxman Prasad
6. Sikardar Patel son of Sri Bharat Prasad all R/o village- Khairatia, P.S.- Bettiah Muffasil (Manuapul), District- West Champaran ..........................................................Petitioners.
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-07-2020 Heard learned counsel for the petitioners and Mr. Bharat Bhushan, learned APP for the State.
Petitioners in the present case are seeking pre-arrest bail in connection with Bettiah Town P.S. Case No. 102 of 2015 registered for the offences punishable under Sections 147, 148, 149, 427, 448, 323, 324, 326, 379, 504 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners and the informant are fighting on land dispute. It is submitted that although there are allegations that the petitioners entered in the house of the informant and assaulted the informant and others but the injury reports available at Annexure '2' series would show that all the injuries are simple in nature and have been caused by hard and blunt object.
Patna High Court CR. MISC. No.17548 of 2020(2) dt.24-07-2020 2/3 Learned APP for the State submits that the FIR was lodged on 26.02.2015 whereas these petitioners are approaching the Court for grant of pre-arrest bail in the year 2020. It is further submitted that from the injury report available at Annexure '2' series it would appear that the prosecution story have got force inasmuch as not only the informant rather all other family members of the informant have received assault and they have sustained injuries, may be simple in nature but the manner of occurrence suggests that the petitioners had gone together in the house of the informant and assaulted the informant and his family members.
It is further submitted that in the petition also there is no statement as to the present stage of the case, whether chargesheet has been filed showing the petitioners as absconder has also not been stated.
Patna High Court CR. MISC. No.17548 of 2020(2) dt.24-07-2020 3/3 considering that after five years the petitioners are approaching the Court and are not declaring as to the present stage of the case, this Court is not inclined to grant privilege of pre-arrest bail to the petitioners. Their prayer is, thus, refused. The application is dismissed.
In case the petitioners surrender and pray for regular bail in the court below within a period of eight weeks from today, their prayer for regular bail shall be considered on its own merit without being prejudiced by the present order of this Court.
(Rajeev Ranjan Prasad, J) avin/sushmaU T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.