Shyam Prasad @ Shyamjee Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52847 of 2022 Arising Out of PS. Case No.-196 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== 1.

SHYAM PRASAD @ SHYAMJEE PRASAD SON OF JOGENDRA SAH R/O VILLAGE- MADHUWAN, P.S.- MADHUWAN, DISTRICT- EAST CHAMPARAN AT MOTIHARI 2.

CHHOTE LAL KUMAR SON OF JOGENDRA SAH R/O VILLAGEMADHUWAN, P.S.- MADHUWAN, DISTRICT- EAST CHAMPARAN AT MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 341, 323, 324, 307, 379, 354(B), 447, 504 and 506/34 of the Indian Penal Code. As per the prosecution case, the allegation against the petitioners is of assaulting the informant with iron rod. Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.52847 of 2022(2) dt.16-01-2023 2/2 the petitioners have falsely been implicated in this case. The injuries of the informant Rakesh Kumar are simple in nature caused by hard and blunt substance. There is general and omnibus allegation against the petitioners. The petitioners have no criminal antecedent as stated at para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the anticipatory bail of the petitioners.

Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, East Champaran, Motihari in connection with Madhuwan P.S. Case No. 196 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T