Anil Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35586 of 2022 Arising Out of PS. Case No.-265 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== ANIL PRAJAPATI Son of Surendra Pandit R/o Village - M. Kuari, P.S.- Dariyapur, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307 and other sections of the Indian Penal Code.

As per the prosecution case, the 32 named accused persons including the petitioner herein and 10 to 15 unknown persons are said to have come variously armed. It is further stated that all the accused started to assault Sudarshan Singh. On the other members of the family intervening, they were also assaulted. It is finally stated that on the orders of Jai Prakash Singh, Guddu Singh and Uday Singh, as a result of the assault, Sudarshan Singh was seriously injured and on being taken to the hospital was declared dead by the doctor. The occurrence is

Patna High Court CR. MISC. No.35586 of 2022(3) dt.17-01-2023 2/2 said to have taken place as a result of land dispute. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From the FIR itself it would transpire that the cause of occurrence is land dispute between the parties. The allegations are general and omnibus in nature. The specific allegations are against other FIR named accused and not the petitioner. He is in custody since 6.4.2022 and has no criminal antecedent. Charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against the petitioner who is in custody since 6.4.2022 and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Dariyapur P.S. Case no. 265 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate XIII, Saran.

(Partha Sarthy, J) Prakash/- U