Manohar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23900 of 2024 Arising Out of PS. Case No.-268 Year-2017 Thana- SIRDALA District- Nawada ====================================================== 1.

Manohar Prasad S/o Mauji Sao R/o vill - Pawai, P.s. - Sirdalla, Distt. - Nawada, Presently Residing at Rajendra Colony, Dhari, near Bus Stand, P.S. - Bermo, Distt. - Bokaro, Jharkhand 2.

Pappu Sao @ Pappu Kumar S/o Manohar Prasad R/o vill - Pawai, P.s. - Sirdalla, Distt. - Nawada, Presently Residing at Rajendra Colony, Dhari, near Bus Stand, P.S. - Bermo, Distt. - Bokaro, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2024 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 308, 504, 34 of the Indian Penal Code.

3. As per the FIR, the petitioners assaulted the informant and her husband due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both the parties are agnates and

Patna High Court CR. MISC. No.23900 of 2024(2) dt.24-04-2024 2/2 there is a land dispute between them. He submits that there is a case and counter-case between the parties. He further submits that the petitioners were given benefit of Section 41A of the Cr.PC. Petitioners have one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is a case and counter case between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sirdalla P.S. Case No.268 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T