Arjun Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37377 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- AKBARPUR District- Nawada ====================================================== 1.
ARJUN PRASAD S/O KARU PRASAD @ KARU YADAV R/O Village. Budhua Kala, PS. Akbarpur, Dist. Nawada 2.
KAPIL PRASAD S/O KARU PRASAD @ KARU YADAV R/O Village. Budhua Kala, PS. Akbarpur, Dist. Nawada 3.
SUNIL PRASAD S/O KARU PRASAD @ KARU YADAV R/O Village. Budhua Kala, PS. Akbarpur, Dist. Nawada ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in a case in connection with Akbarpur P.S. Case No. 143 of 2023 dated 05.03.2023 registered for the offences punishable u/ss 341, 323, 325, 307, 379, 504 and 506 read with section 34 of the Indian Penal Code.
4. As per the prosecution case, the petitioner and the
Patna High Court CR. MISC. No.37377 of 2023(4) dt.01-11-2023 2/3 co-accused persons are alleged to have assaulted the informant with lathi, danda and iron rod due to that she got severely injured. When her son came to rescue, he was also assaulted and the co-accused Sangeeta Devi, Sunita Devi and Rinku Devi snatched her gold chain and ear ring.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The specific allegation of assault is against the co-accused Rohit Kumar. There is case and counter case between the parties. The petitioner no. 1 is accused in two other criminal cases and the petitioner no. 2 is accused in one more criminal case as stated at para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Nawada in connection with Akbarpur P.S. Case No. 143 of 2023, subject to
Patna High Court CR. MISC. No.37377 of 2023(4) dt.01-11-2023 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
8. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T