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Patna High CourtCR. MISC./57281/2021allowed

Birendra Prasad v. The State Of Bihar

2022-05-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57281 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== 1.

BIRENDRA PRASAD Son of Yodolal Sah Resident of Village- Gohiri Gandhi Chowk, P.S.-Nautan, District- West Chamapran, Bettiah 2.

Kishori Prasad S/o Yadolal Sah Resident of Village- Gohiri Gandhi Chowk, P.S.-Nautan, District- West Chamapran, Bettiah 3.

Guddu Prasad @ Awkash Kumar Gupta Son of Birendra Prasad Resident of Village- Gohiri Gandhi Chowk, P.S.-Nautan, District- West Chamapran, Bettiah 4.

Vikash Prasad @ Vikash Kumar Gupta S/o Birendra Prasad Resident of Village- Gohiri Gandhi Chowk, P.S.-Nautan, District- West Chamapran, Bettiah 5.

Manoj Giri S/o Raghuvar Dayal Giri Resident of Village- Sareya, Pratap Tola, P.S.- Paharpur, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-05-2022 Learned counsel for the petitioners seeks permission to withdraw the application of petitioner no.5 Manoj Giri. Permission is accorded.

The application of petitioner no.5 Manoj Giri is, accordingly, dismissed as withdrawn.

Heard both sides.

Petitioner nos.1 to 4 apprehend their arrest in Nautan P.S. Case No.100 of 2021 registered under Sections 147, 148, 149, 341, 323, 353, 504, 342, 337 and 338 of the Indian Penal

Patna High Court CR. MISC. No.57281 of 2021(2) dt.17-05-2022 2/2 Code.

Learned counsel for the petitioners submits that the petitioners have committed no offence and have falsely been implicated in this case.

It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by this Court vide order dated 10.05.2022 and 11.05.2022 passed in Cr.Misc.No.54724 of and Cr.Misc.No.55133 of 2021 respectively. The petitioners have got no criminal antecedent.

Having considered the above facts and circumstances of the case, petitioner nos.1 to 4, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing personal bonds to the satisfaction of learned J.M., 1st Class, West Champaran, Bettiah in connection with Nautan P.S. Case No.100 of 2021 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Harish/- (Arvind Srivastava, J) U T