Rup Narayan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33364 of 2021 Arising Out of PS. Case No.-385 Year-2020 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

RUP NARAYAN PRASAD Son of Lakhi Prasad Resident of Village - Balyarwa, P.S.- Piprakothi, Dist.- East Champaran. 2.

Pramod Prasad Son of Rup Narayan Prasad Resident of Village - Balyarwa, P.S.- Piprakothi, Dist.- East Champaran.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 & 506/34 of the Indian Penal Code. The allegation against petitioner no.1 is that he gave twice farsa blow on the head of informant's father while petitioner no.2 gave dab blow on the head of the informant. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. As a matter of fact, there was free fight between sides

Patna High Court CR. MISC. No.33364 of 2021(4) dt.08-04-2022 2/2 and both sides have sustained injuries. It is further submitted that both sides have filed cases against each other. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let petitioner no.2-Pramod Prasad, be released on bail, in the event of his 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) 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 Piprakothi P.S. Case No.385 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Considering the facts and circumstances of the case and the material available on record, the prayer for bail of the petitioner no.1-Rup Narayan Prasad is hereby rejected. He is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/- U T