Lal Bahadur Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41559 of 2022 Arising Out of PS. Case No.-267 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

LAL BAHADUR PRASAD Son of late Shivvaran Prasad Resident of village- Dhekahan Bazar, P.s.- Muffasil, District- East Champaran 2.

Sonalal Prasad Son of Late Shivvaran Prasad Resident of village- Dhekahan Bazar, P.s.- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Motihari Muffasil P.S. Case no. 267 of 2020 instituted for the offence punishable under Sections 341, 323, 307, 506, 34 of the Indian Penal Code.

As per allegation in the FIR, with an intention to commit murder, petitioners have given lathi and iron rod blow on the head of the informant causing cut injury and informant became unconscious and fell down on the ground. Police came there and brought him for treatment at Hospital.

Patna High Court CR. MISC. No.41559 of 2022(2) dt.07-12-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioners are simply victims of false implication due to village dirty politics. Injury sustained by the informant is simple in nature as per impugned order. They have got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Motihari Muffasil P.S. Case no. 267 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U