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Patna High CourtCR. MISC./55408/2024bail granted

Abhikaran Prasad @ Amrikan Prasad v. The State Of Bihar

2024-10-01Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55408 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- BHAGWANGANJ District- Patna ====================================================== 1.

Abhikaran Prasad @ Amrikan Prasad Son of Tapeshwar Yadav R/O Ibrahimpurj, P.s.- Bhagwanganj, Dist.- Patna 2.

Ajay Kumar @ Ajay Yadav Son of Late Naresh Yadav R/O Rohilapar, P.s.- Bhagwanganj, Dist.- Patna 3.

Raju Kumar @ Raju Yadav Son of Sri Lalan Yadav R/O Rohilapar, P.s.- Bhagwanganj, Dist.- Patna ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Shekhar, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148, 149, 323, 325, 307, 379 and 504 of the Indian Penal Code.

3. As per the prosecution story, the informant alleged that on 12.04.2024 at about 9.00 hrs., while informant with his cousin Manish Kumar and co-villagers Mantu Kumar

Patna High Court CR. MISC. No.55408 of 2024(3) dt.01-10-2024 2/3 were sleeping in his poultry firm, all accused persons including petitioners armed with 'lathi' 'danda' and 'pistol', abused them and assaulted them due to which they all became badly injured and while escaping from ther,e they made firing and also snatched his mobile phone, detailed in FIR and thereafter, injured were treated at private hospital at Masaurhi and accordingly, this FIR instituted.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in connection with the present case. The FIR has been lodged after delay of 14 days. There is land dispute between the parties due to which minor scuffle took place, however, Doctor has found the injury simple. It is further submitted that petitioner nos. 1 and 2 have clean antecedent while petitioner no. 3 has one criminal antecedent.

5.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let these petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Masaurhi in connection with Bhagwanganj P.S. Case No.

Patna High Court CR. MISC. No.55408 of 2024(3) dt.01-10-2024 3/3 55/2024 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Jagdish/- U T