Rajeshwar Prasad @ Rajeshwar Prasad Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37172 of 2024 Arising Out of PS. Case No.-525 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== RAJESHWAR PRASAD @ RAJESHWAR PRASAD SAH SON OF RADHA SAH RESIDENT OF VILLAGE - GHIUADHAR NORTH TOLA, WARD NO.1, POLICE STATION - HARSIDHI, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap For the Opposite Party/s :
Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2024
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 147, 148, 149, 323, 324, 307, 354B, 379 and 504 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of assaulting the informant by farsa causing injury on head.
4. The informant alleges that that on 18.08.2023, the accused persons including the petitioner came variously armed upon the land of the informant and started construction work of a house, but the same was objected by the informant when
Patna High Court CR. MISC. No.37172 of 2024(2) dt.01-07-2024 2/3 petitioner is alleged to have assaulted him by farsa causing injury on head and thereafter other accused persons also assaulted different injured as detailed in the FIR.
5. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that on account of dispute relating to land, the present occurrence is alleged to have taken place. It is next submitted that no doubt, petitioner is alleged to have assaulted the informant by farsa causing injury on head but then from perusal of the injury report (Annexure-2) to the anticipatory bail application, it would manifest that the injury suffered by the injured is simple in nature and the blow was not repeated.
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 Harsidhi P.S. Case
Patna High Court CR. MISC. No.37172 of 2024(2) dt.01-07-2024 3/3 No. 525 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T