Kavi Bhushan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32347 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- RAMKRISHNANAGAR District- Patna ====================================================== 1.

Kavi Bhushan Prasad Son of Late Arjun Modi Resident of Mohalla - Shurbhi Vihar Colony, Near Agriculture Research Centre, Bhupatipur, P.S.- Ramkrishna Nagar, District- Patna 2.

Sanjay Modi @ Ravi Bhushan Prasad @ Ravi Bhushan Son of Late Arjun Modi Resident of Mohalla - Shurbhi Vihar Colony, Near Agriculture Research Centre, Bhupatipur, P.S.- Ramkrishna Nagar, District- Patna 3.

Praveen Kumar Sharma Son of Rram Jinish Sharma Resident of Village - Barahrup, P.S.- Bhagwanpur, District- Vaishali, At present residing at Mohalla - Shurbhi Vihar Colony, Near Agriculture Research Centre, Bhupatipur, P.S.- Ramkrishna Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Ramkrishna Nagar P.S. Case No. 117 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 307, 354 and 379 of the Indian Penal Code. Over row of flowing of dirty water, petitioners along with other accused persons attacked on the informant and on protest made by the wife of the informant, they tried to outrage her modesty. They assaulted the informant by fist, slap and legs and tore his shirt and also snatched Rs. 2700/- from his pocket. The informant sustained injury in the occurrence at the

Patna High Court CR. MISC. No.32347 of 2019(2) dt.15-05-2019 2/2 hand of the petitioners.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have been falsely implicated in this case due to petty dispute of flowing the drainage water. Allegation levelled against the petitioners is not specific rather general and omnibus in nature. The injury sustained by the informant is simple in nature. Petitioners have no criminal antecedent. On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna in connection with Ramkrishna Nagar P.S. Case No. 117 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T