Rajnath Prasad @ Rajnath Paswan @ Sri Raj Nath Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40962 of 2023 Arising Out of PS. Case No.-109 Year-2022 Thana- ALIPUR District- Gaya ====================================================== 1.
Rajnath Prasad @ Rajnath Paswan @ Sri Raj Nath Prasad S/O Late Mahavir Prasad @ Late Mahavir Paswan R/O Village- Akhtiyarapur, Ps. Alipur, Dist. Gaya 2.
Kanhailal @ Krishna Kanhaiya Lal @ Kanhaiya Lal S/O Rajnath Prasad @ Rajnath Paswan @ Sri Raj Nath Prasad R/O Village- Akhtiyarapur, Ps. Alipur, Dist. Gaya 3.
Harinarayan Prasad @ Pahlad @ Pahlad Prasad @ Sri Harinarayan Prasad @ Prahlad Prasad S/O Rajnath Prasad @ Rajnath Paswan @ Sri Raj Nath Prasad R/O Village- Akhtiyarapur, Ps. Alipur, Dist. Gaya 4.
Suneeta Devi @ Sumita Devi @ Sunita Kumari @ Devi W/O Kanhailal @ Krishna Kanhaiya Lal @ Kanhaiya Lal R/O Village- Akhtiyarapur, Ps. Alipur, Dist. Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.2.
3. Permission is accorded.
4. Accordingly, the present anticipatory bail application with respect to petitioner no.2 is dismissed as withdrawn.
Patna High Court CR. MISC. No.40962 of 2023(2) dt.04-08-2023 2/3
5. The petitioner nos. 1, 3 and 4 apprehend their arrest in connection with Alipur P.S. Case No. 109 of 2022 registered for the offences punishable under Sections 341, 323, 235, 308, 354, 504, 506 and 34 of the Indian Penal Code.
6. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent, petitioner no.1 is a senior citizen aged about 76 years and petitioner no.4 is a woman, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that petitioner nos. 1 and 4 are alleged to have assaulted Pushpa with lathi causing injury on head, it is next submitted that there is no specific allegation of committing any overt act against the petitioner no.3 though against him it is alleged that he threatened, it is further submitted that petitioners are gotias and there is an admitted land dispute between the parties.
7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
8. Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 1, 3 and 4, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-
Patna High Court CR. MISC. No.40962 of 2023(2) dt.04-08-2023 3/3 (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/successor court in connection with Alipur P.S. Case No. 109 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T