Patna High CourtCR. MISC./49049/2021bail granted

Triveni Prasad v. The State Of Bihar

2022-03-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49049 of 2021 Arising Out of PS. Case No.-272 Year-2020 Thana- KOTWA District- East Champaran ====================================================== TRIVENI PRASAD S/O Late Raghunath Prasad Resident of village - Nayka Tola, Ahirauliya, P.S. - Kotwa, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kotwa P.S. Case no. 272 of 2020 instituted for the offence under Sections 323, 324, 341, 354 (B), 379, 307, 504, 506 and 34 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant by the petitioner and other co-accused persons. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and have been falsely implicated in this case. There is delay in lodging the FIR. There is case and counter case between the parties. Both parties are agnates and members of both sides have received injuries in the

Patna High Court CR. MISC. No.49049 of 2021(2) dt.25-03-2022 2/2 alleged occurrence. They have got no criminal antecedent. The matter relates to civil dispute.

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 petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kotwa P.S. Case no. 272 of 2020, he 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