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Patna High CourtCR. MISC./48172/2022allowed

Shailesh Prasad v. The State Of Bihar

2022-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48172 of 2022 Arising Out of PS. Case No.-136 Year-2022 Thana- MADHAURAH District- Saran ====================================================== 1.

Shailesh Prasad S/O Late Nageshwar Sah R/O Village- Hasanpura, P.S.- Madhaura, District- Saran 2.

Munna Sah S/O Late Nageshwar Sah R/O Village- Hasanpura, P.S.- Madhaura, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kumar Yadav For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Madhaura P.S. Case no. 136 of 2022 instituted for the offence punishable under Sections 341, 323, 324, 379, 328, 427, 34 of the Indian Penal Code.

It is a case of assaulting to the informant' husband by means of knife and Farsa due to which he sustained injury. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. A Statement has been made in para 3 of the petition that they have got no criminal antecedent. They has falsely been

Patna High Court CR. MISC. No.48172 of 2022(2) dt.15-12-2022 2/2 made accused in this case due to previous enmity. The instant case comes under counter blast and the informant has lodged this case with view to save their skin. There is general and omnibus allegation leveled against the petitioner. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Madhaura P.S. Case no. 136 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Chhapra, Saran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) aman/shubhamU T