Satendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53242 of 2021 Arising Out of PS. Case No.-149 Year-2021 Thana- DAUDPUR District- Saran ====================================================== 1.

Satendra Prasad Son of Sarvanand Mahto Resident of Village - Dharmpura, P.S.- Daudpur, Distt.- Saran.

2.

Akhilanand Prasad Son of Nishikant Prasad Resident of Village - Dharmpura, P.S.- Daudpur, Distt.- Saran.

3.

Alok Kumar Son of Satyaprakash Mahto Resident of Village - Dharmpura, P.S.- Daudpur, Distt.- Saran.

4.

Manoj Prasad Son of Late Sabhapati Mahto Resident of Village - Dharmpura, P.S.- Daudpur, Distt.- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their 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.

Patna High Court CR. MISC. No.53242 of 2021(2) dt.17-05-2022 2/3 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.

Learned counsel for the petitioners submits that the petitioners are innocent and have 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 petitioners have 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 petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chhapra in connection with

Patna High Court CR. MISC. No.53242 of 2021(2) dt.17-05-2022 3/3 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