Prabhu Narayan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50675 of 2022 Arising Out of PS. Case No.-47 Year-2021 Thana- SHEOHAR District- Sheohar ====================================================== 1.

PRABHU NARAYAN PRASAD S/O LATE YADUNANDAN PRASAD Resident of village- Fatahpur, P.S. and District- Sheohar, Bihar. 2.

JAI PRAKASH NARAYAN PRASAD S/O LATE YADUNANDAN PRASAD Resident of village- Fatahpur, P.S. and District- Sheohar, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-01-2023 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Sheohar P.S. Case No. 47 of 2021, registered for the offences punishable under Sections 307, 323, 341, 504/34 of the Indian Penal Code.

As per allegation, the accused persons named in the FIR were unloading soil from a tractor on the land belonging to the informant. When he prohibited co-accused Nihal Ranjan assaulted him with iron rod on his head and co-accused Sonal and Arun also assaulted him.

Patna High Court CR. MISC. No.50675 of 2022(2) dt.17-01-2023 2/2 Learned counsel for the petitioners has submitted that they have falsely been implicated. There is case and counter case and the members of defense side have also sustained injuries. The specific allegations to assault the informant and his cousin is on co-accused persons and not on the petitioners. The petitioners are the persons of clean antecedents.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 47 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T