Dilip Prasad @ Dilip Kushwaha @ Dilip Kr. Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27559 of 2023 Arising Out of PS. Case No.-250 Year-2021 Thana- PIPRA District- East Champaran ====================================================== DILIP PRASAD @ DILIP KUSHWAHA @ DILIP KR. KUSHWAHA Son of Late Hari Shankar Prasad Resident of Village - Mahuawan, P.S.- Pipra, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections of the Indian Penal Code.

3. The informant alleges that on account of dispute relating to construction of house, the accused persons came and the petitioner assaulted her and her husband by farsa causing injury on head.

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from bare perusal of the allegations as alleged in the FIR, it would manifest that on a trivial dispute

Patna High Court CR. MISC. No.27559 of 2023(2) dt.21-07-2023 2/2 relating to construction of house over a piece of land, the present occurrence is alleged to have taken place where both the petitioner side and the informant side assaulted each other, it is next submitted that it is not a case under Section 307 of the IPC which amply demonstrates that the injuries suffered was not serious and the petitioner is a person with clean antecedent.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six 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 the learned trial court where the case is pending/successor court in connection with Pipra P.S. Case No. 250 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T