Prahlad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51332 of 2021 Arising Out of PS. Case No.-60 Year-2021 Thana- ATHMALGOLA District- Patna ====================================================== 1.

PRAHLAD KUMAR Son of Mangal Singh @ Nagendra Singh Resident of Village- Chanda, Police Station- Athamalgola, District- Patna. 2.

Munchun Kumar @ Rohit Kumar Son of Sanjay Singh Resident of VillageChanda, Police Station- Athamalgola, District- Patna. 3.

Sudhir Singh Son of Batoran Singh @ Premchand Singh Resident of Village- Chanda, Police Station- Athamalgola, District- Patna. 4.

Pappu Singh Son of Batoran Singh @ Premchand Singh Resident of VillageChanda, Police Station- Athamalgola, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2022 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 Athmalgola P.S. Case no. 60 of 2021 instituted for the offence punishable under Sections 147, 149, 341, 323, 307, 379, 506 of the Indian Penal Code and Section 27 of the Arms Act. As per allegation in the FIR, when nephew of the informant was driving tractor, several accused persons including the petitioners came there and tossed him on ground and petitioners started to assault him by means of lathi and iron rod. Co-accused

Patna High Court CR. MISC. No.51332 of 2021(2) dt.04-07-2022 2/2 Satish Singh opened fire and threatened him not to lodge case. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in the alleged incident. After prevailing good sense, the matter has been compromised and a compromise petition is annexed as Annexure-3 to this petition. 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 Athmalgola P.S. Case no. 60 of 2021, 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 S.D.J.M., Barh subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U