Birendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34935 of 2020 Arising Out of PS. Case No.-249 Year-2018 Thana- HARSIDHI District- East Champaran ====================================================== Birendra Prasad, aged about 50 years, Male, son of Late Ramnath Prasad, Resident of Village Yadavpur Lala Tola, P.S. Harsidhi, District East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prateek Tandon For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-03-2021 Heard both sides.

The petitioner apprehends his arrest in Harsidhi P.S. Case No.249 of 2018, registered under Sections 341, 323, 379, 307, 504 and 34 of the Indian Penal Code.

The informant disclosed that his brother came and informed that the accused persons were plucking mangoes from their trees and, on such, the informant went there. Surendra Prasad started cutting mango tree. The informant started making video of the occurrence, but co-accused, Yogendra Prasad and Surendra Prasad tried to snatch the mobile and also tagged rope around the neck of Pramod Srivastava, the uncle of the informant and assaulted him.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.34935 of 2020(2) dt.17-03-2021 2/2 police found the accusation against the petitioner and Nirmal Devi false and submitted final form finding the case true against four accused persons, but the learned Chief Judicial Magistrate took cognizance against all the accused persons including the petitioner.

There appears that the case is lodged on account of land dispute. No apparent injury was found. The police after investigation did not find the accusation against the petitioner true.

Taking into consideration the facts aforesaid, petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran in connection with Harsidhi P.S. Case No.249 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T