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Patna High CourtCR. MISC./53319/2021allowed

Surendra Prasad v. The State Of Bihar

2022-05-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53319 of 2021 Arising Out of PS. Case No.-149 Year-2021 Thana- DAUDPUR District- Saran ====================================================== Surendra Prasad Son of Sarvanand Mahto R/o Village Dharmpura, P.S. Daudpur, District Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Kumar Binode Bariar, Advocate Mr. Rananjay Kumar, Advocate For the State :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Daudpur P.S. Case No.149 of 2021, registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

The informant alleged that on 06.07.2021 at about 06.30 in the evening, the petitioners along with other accused persons variously armed came abusing and Satendra Prasad and Manoj Prasad ordered Surendra Prasad to kill the informant. Thereafter Surendra Prasad assaulted the informant on his head by means of iron rod causing injury on his head. When Ramashankar Pathak and Santosh Pathak came to pacify the matter, the accused persons assaulted them also by means of brick and danda.

Patna High Court CR. MISC. No.53319 of 2021(2) dt.17-05-2022 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. The injuries are simple in nature. There is admitted land dispute between the parties. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chhapra in connection with Daudpur P.S. Case No.149 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T