Satya Deo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39214 of 2022 Arising Out of PS. Case No.-211 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== 1.

Satya Deo Prasad, Son Of Late Bhuneshwar Prasad R/O Village- Dhobiya Kalapur, P.S.- Naubatpur, District- Patna 2.

Upendra Kumar, Son Of Sukh Deo Prasad R/O Village- Dhobiya Kalapur, P.S.- Naubatpur, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504/ 34 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that Raj Nandan Rai started abusing the informant when he asked him to change the direction of the thresher, so that the dust does not come to his side. It is next alleged that thereafter the named accused persons came and started assaulting the informant and his family members with farsa, rod and other weapons on account of which, Bholu Kumar was injured and became unconscious

Patna High Court CR. MISC. No.39214 of 2022(2) dt.07-12-2022 2/2 The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that allegation of assault is also general and omnibus in nature and the date of occurrence is 15.04.2020 and the F.I.R. has been instituted on 22.04.2020 and written complaint to the police was given on 18.04.2020 i.e. three days after the occurrence which also creates doubt with regard to the veracity of the allegation as alleged in the F.I.R.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Naubatpur P. S. Case No.211 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T