Sanjay Prasad @ Bade Ji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52217 of 2021 Arising Out of PS. Case No.-58 Year-2021 Thana- BARBIGHA District- Sheikhpura ====================================================== 1.

SANJAY PRASAD @ BADE JI S/O LATE PARMANAND PRASAD R/o village- Bharatganj, P.S.- Barbigha, District- Sheikhpura 2.

URMILA DEVI W/O SANJAY PRASAD @ BADE JI R/o villageBharatganj, P.S.- Barbigha, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== 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 Barbigha P.S. Case no. 58 of 2021 instituted for the offence punishable under Sections 406, 427, 504, 506 and 34 of the Indian Penal Code.

Prosecution story in brief is that informant is tenant and the petitioner is landlord. Informant has taken a shop and godown on rent from the petitioner for business. In the period of lockdown, some iron articles were found missing and the informant suffered a loss of about Ten Lakh. On 01.03.2021, when informant went to the petitioner and requested him to open the workshop, on which

Patna High Court CR. MISC. No.52217 of 2021(2) dt.04-07-2022 2/3 accused persons started to abuse and assault him. It is submitted by the learned counsel for the petitioners that they have been falsely implicated in this case. Informant was tenant of the petitioner and was not paying rent to him since 2019 and on demand he was taking excuse. Then the petitioners asked him to vacate his premise then the informant started to give threatening to implicate him in false case. Now compromise has been done between the parties after prevailing good sense, in support of compromise.

Learned A.P.P. has opposed the prayer of anticipatory 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 Barbigha P.S. Case no. 58 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 C.J.M., Sheikhpura subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T

Patna High Court CR. MISC. No.52217 of 2021(2) dt.04-07-2022 3/3