Videshi Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1283 of 2021 Arising Out of PS. Case No.-642 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== 1.

VIDESHI PRASAD SON OF LATE DHRUP PRASAD RESIDENT OF VILLAGE-HARDIYA PURBARI TOLA,P.S-BETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN.

2.

RAHUL KUMAR @ RAHUL PRASAD SON OF SRI VIDESHI PRASAD RESIDENT OF VILLAGE-HARDIYA PURBARI TOLA,P.S-BETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN.

3.

AKASH PRASAD @ AKASH KUMAR SON OF SRI VIDESHI PRASAD RESIDENT OF VILLAGE-HARDIYA PURBARI TOLA,P.S-BETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN.

4.

SIKANDAR PRASAD SON OF SRI VINDHYACHAL PRASAD RESIDENT OF VILLAGE-HARDIYA PURBARI TOLA,P.S-BETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN.

5.

GOVINDA KUMAR @ GOVIND KUMAR SON OF SRI RAMU PRASAD RESIDENT OF VILLAGE-HARDIYA PURBARI TOLA,P.SBETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN. 6.

RAMU PRASAD SON OF LATE BASUDEO PRASAD RESIDENT OF VILLAGE-HARDIYA PURBARI TOLA,P.S-BETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar- Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-08-2021 Heard Mr. Manoj Kumar, the learned Advocate for the petitioners and Mr. Madhura Nand Jha, the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Bettiah Muffasil P. S. Case No.642 of 2019, instituted for the offences under Sections 341, 323, 324, 307,

Patna High Court CR. MISC. No.1283 of 2021(3) dt.23-08-2021 2/3 379, 354, 504, 506/ 34 of the Indian Penal Code. Though the petitioners are alleged to have assaulted the members of the prosecution party but the accusation against them is not specific. There is a counter-version of the case also. Several persons have been injured from the side of the petitioners but the accused persons of that case (Bettiah Muffasil P. S. Case No.603 of 2019) have been released on bail. Though many persons are said to have been injured in the occurrence in the subject F.I.R. but most of the injuries on the injured persons are simple in nature. Final assessment about the nature of some of the injuries is still awaited.

Regard being had to the fact that there is a case and counter-case between the parties and the accused persons of the counter-case have been released on bail, the petitioners are also, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Muffasil P. S. Case No.642 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.1283 of 2021(3) dt.23-08-2021 3/3 While saying so, the Court has taken note of the fact that the petitioners do not have criminal antecedents. The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T