Amirchand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20314 of 2022 Arising Out of PS. Case No.-136 Year-2021 Thana- MANPUR District- Nalanda ====================================================== 1.

AMIRCHAND PRASAD S/o Dasrath Raut R/o vill- Singthu, P.S. - Manpur, Distt. - Nalanda.

2.

Neeraj Kumar S/o Amirchand Prasad @ Amirchand Raut R/o vill- Singthu, P.S. - Manpur, Distt. - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-01-2023 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in connection with Manpur P.S. Case No. 136 of 2021 instituted under Sections 147, 149, 341, 323, 504, 506, 307, 354(B) of the Indian Penal Code.

As per the prosecution story, the informant alleged that the accused persons firstly abused her due to dropping of the water near his gate and further assaulted the informant's side who were treated at Sadar Hospital, Biharsharif. Learned counsel for the petitioners submit that it is a matter of case and counter case, their case being earlier, they do

Patna High Court CR. MISC. No.20314 of 2022(3) dt.30-01-2023 2/3 not have criminal antecedents and injuries have been found to be simple in nature.

Learned APP on the other hand opposes the prayer for bail.

Taking into account the aforesaid facts put forward by the learned counsel for the petitioner as also that they do not have criminal antecedents, will be cooperating in the investigation and diligently appear in the trial, this Court is inclined to grant them relief of anticipatory bail with conditions: (i) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;

(ii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Manpur P.S. Case No. 136 of 2021 to the satisfaction of learned A.C.J.M. 5,

Patna High Court CR. MISC. No.20314 of 2022(3) dt.30-01-2023 3/3 Nalanda at Biharsharif subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/Ajay Singh/- U T