Harendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52278 of 2022 Arising Out of PS. Case No.-83 Year-2020 Thana- GURARU District- Gaya ====================================================== 1.

HARENDRA PRASAD, Son of Late Munshi Prasad, Resident of Village - Deokali, P.s.- Guraru, Distt.- Gaya.

2.

Dilip Prasad, Son of Arjun Prasad, Resident of Village - Deokali, P.s.- Guraru, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena, Advocate For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-01-2023 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 connection with Guraru P.S. Case No. 83 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 333, 353, 186, 337, 338, 307, 504, 506, 201 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the police has lodged

Patna High Court CR. MISC. No.52278 of 2022(2) dt.12-01-2023 2/3 F.I.R. against 84 named persons along with petitioners and 125 unknown persons who had allegedly been involved in causing assault on the rival group and when the police party wanted to intervene in order to create peace between the parties, they indulged in assaulting the police party and causing hindrance in maintaining law and order situation. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. He has further submitted that the petitioners are simply a members of mob and there is general allegation against the petitioners. Learned counsel has further submitted that the co-accused Ramjeet Kumar @ Maine Manjhi and others have been granted bail by a Coordinate Bench vide order dated 17.12.2021 passed in Cr. Misc. No. 6150 of 2021.The petitioners have got criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has opposed the prayer for 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 bonds of

Patna High Court CR. MISC. No.52278 of 2022(2) dt.12-01-2023 3/3 Rs. 20,000/-(Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Gaya in connection with Guraru P.S. Case No. 83 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

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