Arun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25860 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== 1.

Arun Prasad Son Of Late Dhrup Prasad Resident Of I.T.I., Jaiprakash Nagar, P.S. - Bettiah Muffasil, Distt. - West Champaran 2.

Lalbabu Prasad Son Of Late Dhrup Prasad Resident Of Village - Hardiya, P.S. - Bettiah Muffasil, Distt. - West Champaran 3.

Jagdish Prasad @ Jagdish Son Of Late Dhrup Prasad Resident Of Village - Hardiya, P.S. - Bettiah Muffasil, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2023 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail petition with respect to petitioner nos. 2 and 3, as during pendency of this case, petitioner nos. 2 and 3 have already been arrested.

2. Permission is granted. The anticipatory bail petition with respect to petitioner nos. 2 and 3, is dismissed as withdrawn having become infructuous.

3. Heard learned counsel for the petitioner and learned counsel for the State.

4. The petitioner no. 1 apprehends his arrest in a case registered for the offences punishable under Sections 341, 323,

Patna High Court CR. MISC. No.25860 of 2023(2) dt.18-07-2023 2/2 324, 307, 379/34 of the Indian Penal Code.

5. As per the prosecution case, this petitioner assaulted the son of informant on his head with butt of pistol. Other accused persons also assaulted the son of informant.

6. It is submitted that petitioner has been falsely implicated in this case. There is general and omnibus allegation of assault. The doctor has found the injury sustained by the injured simple in nature.

7. Considering the facts aforesaid, Arun Prasad petitioner no. 1, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah Muffasil P.S. Case No. 142 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T