Surya Prakash @ Sury Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25623 of 2025 Arising Out of PS. Case No.-110 Year-2024 Thana- PUSA District- Samastipur ====================================================== Surya Prakash @ Sury Prakash S/O Late Chandraghosh Singh R/O Vill.- Morsad, Bahadurpur, P.S.- Pusa, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Pusa PS case no. 110 of 2024 dated 14.10.2024, disclosing offences punishable under Sections 126(2) and other allied sections of B.N.S. Act.

3.

The prosecution story, as per the First Information Report, is that on 02.10.2024, when the informant was at her home, petitioner entered into her house and started abusing and assaulting on the head of the informant with iron griddle. It is alleged that when the informant's younger son came to rescue her, the petitioner hit him on his shoulders and back with the pressure cooker.

4.

Learned Counsel for the petitioner submits that there is land dispute between the parties, inasmuch as the

Patna High Court CR. MISC. No.25623 of 2025(2) dt.07-05-2025 2/3 informant who is the mother of the petitioner, secretly sold the ancestral land and house without the consent of the petitioner and when the petitioner objected, the present occurrence has taken place. Learned counsel further submits that petitioner's father was running Workshop in Rohtak near Hisar bypass and after his death, petitioner's brother along with his mother i.e. the informant sold the business and came back to the village. The dispute in the family started due to property. He next submits that no serious injury has been caused to the informant, as would be evident from prescription, annexed with the F.I.R. He also submits that petitioner is a Teacher and undertakes not to repeat similar offence in future.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is the son of the informant and there is a dispute regarding property in the family, I am inclined to grant the privilege of anticipatory bail to the petitioner, subject to the condition that petitioner shall not repeat similar offence in future.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be

Patna High Court CR. MISC. No.25623 of 2025(2) dt.07-05-2025 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Samastipur in connection with Pusa PS case no. 110 of 2024, subject to the condition laid down under Section 482 of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T