Mosafir Prasad @ Mosafir Yadav @ Musafir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21046 of 2023 Arising Out of PS. Case No.-89 Year-2021 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

Mosafir Prasad @ Mosafir Yadav @ Musafir Yadav S/O Rodal Yadav Resident Of Village- Ishari, P.S.- Muffasil, District- Nawada. 2.

Rahul Yadav @ Rahul Yadav S/O Kailash Yadav Resident Of Village- Ishari, P.S.- Muffasil, District- Nawada.

... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 379/34/504 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, all the FIR named accused persons including the petitioners assaulted the informant and his family members as a result of which five persons sustained injuries.

Learned counsel appearing for the petitioners submits that due to long standing land dispute, simple marpit took place between the parties and allegation of assault is general against

Patna High Court CR. MISC. No.21046 of 2023(2) dt.03-07-2023 2/2 the petitioners and no specific overt act has been alleged as to who caused grievous injury. Petitioners claim clean antecedent. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in Mufassil Police Station Case No. 89 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T