Magneshwar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54456 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- PATRAKARNAGAR District- Patna ====================================================== Magneshwar Prasad Singh, Son of Late Mahadeo Sharan Prasad Singh Resident of P.I.T. Colony, L2/51, Kankarbagh, P.S.- Patrakar Nagar, Town and District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kamala Kant Tiwary For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Patrakar Nagar P.S. Case no. 308 of 2018, registered under Sections 341, 448, 323, 307, 385 and 379/34 of the Indian Penal Code.

The accusation is that in the evening of 14.06.2018, informant Braj Kishore Prasad Singh was in his house, in the meantime, Magneshwar Prasad Singh along with his son Baua his brother-in-law Bablu and his two sons and 3-4 unknown persons entered in his house and started to abuse his brother Madan Mohan Singh and cause assault, when he made protest then petitioner caused assault on his chest due to which he fell down. Thereafter, petitioner and sons of his brother-inlaw started pulling him outside the house. In the meantime,

Patna High Court CR. MISC. No.54456 of 2019(4) dt.24-09-2019 2/2 Janki Devi, mother of the informant, rushed there then Baua caused injury through butt of pistol at her head and all moved from there and at that time, Baua gave threatening asked to send Rs. Two Lakhs otherwise trouble will be created. Learned counsel for the petitioner submits that, in fact, petitioner is the neighbour of the informant and due to grudge and enmity, the petitioner has falsely been implicated in this case. Moreover, co-accused Raj Pallav @ Baua has already been allowed privilege of pre-arrest bail by a co-ordinate Bench of this Court on 27.08.2019 vide Criminal Miscellaneous No. 53476 of 2019.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Judge-X-cumACJM, Patna in connection with Patrakar Nagar P.S. Case No. 308 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T