Bhutkun Prasad @ Rajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36109 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Bhutkun Prasad @ Rajendra Prasad Son Of Late Dukhi Prasad R/O Village - Parariya, P.S.- Harsiddhi, District - East Champaran. 2.

Mankeshwar Prasad @ Arun Kumar Son Of Basawan Prasad R/O Village - Parariya, P.S.- Harsiddhi, District - East Champaran. 3.

Pappu Prasad Son Of Rajendra Prasad R/O Village - Parariya, P.S.- Harsiddhi, District - East Champaran.

4.

Sri Prasad Son Of Late Dukhi Prasad R/O Village - Parariya, P.S.- Harsiddhi, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner Nos. 1 & 2.

Permission is accorded.

Accordingly, the petition with regard to petitioner Nos. 1 & 2 is dismissed as withdrawn.

Patna High Court CR. MISC. No.36109 of 2022(2) dt.29-11-2022 2/3 The petitioner are apprehending their arrest in a case registered for the offences punishable under Section 341, 323, 324, 307, 379, 504, 353/34 of the Indian Penal Code. The prosecution case as per F.I.R is that all the accused persons including petitioner, variously armed came on the gate of the informant and started abusing and when the informant raised protest, all the accused persons started assaulting the informant and when the son of informant came to her rescue, he was also assaulted by the accused persons. It is specifically alleged against the petitioner No. 3, that he assaulted with rod to the informant, as a result of which, the informant sustained injuries. It is also alleged that petitioner No. 4 dragged her by pulling the hair of informant.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in the present case. It is also submitted that there is counter version of the occurrence also and petitioners' side also received injuries. There is no accusation of repeating the blow. A statement has been

Patna High Court CR. MISC. No.36109 of 2022(2) dt.29-11-2022 3/3 made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, except petitioner Nos. 1 and 2, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran in connection with Harsiddhi P.S. Case No. 196 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T