Hiralal Prasad @ Hira Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32889 of 2025 Arising Out of PS. Case No.-156 Year-2024 Thana- SRINAGAR District- West Champaran ====================================================== 1.

Hiralal Prasad @ Hira Prasad, Son of Late Chandrdev Prasad Resident of village - Dakshini Patjirwa, Rahna, P.S.- Shrinagar, District - West Champaran.

2.

Awadh Kishor Prasad @ Kanhaiya Mahato, Son of Dhrub Prasad Resident of village - Dakshini Patjirwa, Rahna, P.S.- Shrinagar, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Shrinagar P.S. Case No. 156 of 2024 for the offence registered under Sections 191(2), 191(3),190, 126(2), 115(2), 118(1), 117(2), 109, 74, 76, 79, 303(2), 351(2), 352 of the B.N.S.S.

3. As per the prosecution case, the bamboo grown in bamboo orchard of the informant was being cut by 13 accused persons including the petitioners. When the informant protested,

Patna High Court CR. MISC. No.32889 of 2025(2) dt.20-05-2025 2/3 all the FIR named accused persons started abusing and assaulting the informant and his family members. The specific allegation against the petitioner no. 1. Hira Prasad is that he assaulted the informant with dabia causing head injury to him.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute between the parties. There is case and counter case between them. Petitioners and informant are next door neighbour. The injury found on the persons injured are simple in nature. Petitioners have no criminal antecedents. They undertake to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Shrinagar P.S. Case No. 156 of 2024, subject to the

Patna High Court CR. MISC. No.32889 of 2025(2) dt.20-05-2025 3/3 conditions as laid down under Section 482 (2) of the B.N.S.S. (Sunil Dutta Mishra, J) khushbu/- U T