Ashok Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57918 of 2025 Arising Out of PS. Case No.-21 Year-2008 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Ashok Prasad, S/O Late Kishan Prasad Resident of Village - Ramgarhwa Bazar, P.S.- Ramgarhwa, Dist - East Champaran. 2.

Surendra Prasad, S/O Late Kishan Prasad, Resident of Village - Ramgarhwa Bazar, P.S.- Ramgarhwa, Dist - East Champaran. 3.

Birendra Prasad, S/O Late Kishan Prasad, Resident of Village - Ramgarhwa Bazar, P.S.- Ramgarhwa, Dist - East Champaran. 4.

Narayan Prasad @ Narayan Prasad Gupta, S/O Late Raghunath Prasad, Resident of Village - Ramgarhwa Bazar, P.S.- Ramgarhwa, Dist - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Advocate.

For the State :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 27-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present FIR Ramgarhwa P.S. Case No. 21 of 2008 was registered against the petitioners herein along with three other co-accused for the alleged offence of attempt to murder, theft and other allied Sections of the Indian Penal Code. However, after investigation, charge sheet has been submitted only against two co-accused persons and case was closed against the petitioners herein. However, during trial, they have been summoned under Section 319 Cr. P.C. by learned Trial Court, and hence, the petitioners herein moved learned Sessions

Patna High Court CR. MISC. No.57918 of 2025(2) dt.27-08-2025 2/3 Court for anticipatory bail. However, the same has been rejected. They have thereafter moved this Court for anticipatory bail.

3. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned court below, in connection with Sessions Trial No. 98 of 2011 arising out of Ramgarhwa P.S. Case No. 21 of 2008, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedent, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong,

Patna High Court CR. MISC. No.57918 of 2025(2) dt.27-08-2025 3/3 learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J) S.Ali/- U T