Mahavir Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49676 of 2022 Arising Out of PS. Case No.-144 Year-2022 Thana- RAHUI District- Nalanda ====================================================== 1.

Mahavir Prasad, S/o Late Saheb Mahto 2.

Manohar Prasad, S/o Mahavir Prasad 3.

Dharmendra Kumar @ Dharmendra Prasad S/o Mahavir Prasad All the petitioners are resident of Village- Chandaura, P.S.- Rahui, DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagjit Roshan, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Rahui P.S. Case No.144 of 2022 instituted under Sections 341,323,504,506,307 of the Indian Penal Code. As per the prosecution story, the petitioners were piping in the house of the informant and upon opposition they resorted to brickbats causing injuries to the informant's side. Learned counsel for the petitioners submit that this is a counterblast to the earlier Rahui P.S. Case No.143 of 2022 in which the petitioners' side has also suffered injuries and were admitted in the midnight. Further, the injuries have not been found to be grievous. The last submission is that irrespective of the outcome of the present petition, on its own due to the injuries as alleged, medical

Patna High Court CR. MISC. No.49676 of 2022(2) dt.09-01-2023 2/2 assistance of 20,000/- through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned court to be handed over to the informant after checking the credentials.

Learned APP on the other hand opposes the prayer for anticipatory bail.

Taking into account the fact that the petitioner no.1 is aged about person, none of them are having criminal antecedent, the injuries have not been found to be grievous in nature, this Court is inclined to grant them relief subject to payment as stated above. Let the petitioners be released on bail, in the event of their arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Rahui P.S. Case No.144 of 2022 to the satisfaction of learned A.C.J.M., Ist, Biharsharif, Nalanda, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan /- U T