Vinod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35661 of 2021 Arising Out of PS. Case No.-168 Year-2020 Thana- TELHARA District- Nalanda ====================================================== 1.

Vinod Prasad S/O Ram Saran Prasad R/O Village-Kukurbar, P.S-Telhara, District-Nalanda.

2.

Vikash Kumar S/O Vinod Prasad R/O Village-Kukurbar, P.S-Telhara, District-Nalanda.

3.

Saroja Devi W/O Vinod Prasad R/O Village-Kukurbar, P.S-Telhara, DistrictNalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 324, 307, 379, 426 of the Indian Penal Code.

Prosecution case, in short, is that in the backdrop of land dispute, an altercation took place and in consequence thereof, petitioner No.1 is said to have assaulted one Anil on his

Patna High Court CR. MISC. No.35661 of 2021(2) dt.12-04-2022 2/3 head by brick, as a result of which he sustained head injury and petitioner No.3 is said to have assaulted one Sunil by brick and resultantly Sunil received injury on his ear. It has been submitted on behalf of the petitioners that the petitioner No.3 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. Petitioner No.3 is a lady.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve 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 learned Additional Chief Judicial Magistrate 1st, Hilsa, Nalanda in connection with Telhara P.S. case No.168 of 2020, subject to the conditions as

Patna High Court CR. MISC. No.35661 of 2021(2) dt.12-04-2022 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T