Mahendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63628 of 2021 Arising Out of PS. Case No.-204 Year-2021 Thana- SIRDALA District- Nawada ====================================================== 1.
Mahendra Prasad Son of Bhuneshwar Prasad Resident of Village - Kewal Kurha (Banjhouriya), P.O.- Chawkiya, P.S.- Sirdala, District - Nawada. 2.
Umesh Yadav Son of Rajdeo Prasad Resident of Village - Kewal Kurha (Banjhouriya), P.O.- Chawkiya, P.S.- Sirdala, District - Nawada. 3.
Binesh Yadav Son of Rajdeo Prasad Resident of Village - Kewal Kurha (Banjhouriya), P.O.- Chawkiya, P.S.- Sirdala, District - Nawada. 4.
Govind Prasad Son of Kailash Prasad Resident of Village - Kewal Kurha (Banjhouriya), P.O.- Chawkiya, P.S.- Sirdala, District - Nawada. 5.
Ajay Prasad Son of Kailash Prasad Resident of Village - Kewal Kurha (Banjhouriya), P.O.- Chawkiya, P.S.- Sirdala, District - Nawada. 6.
Brijnandan Prasad Son of Late Banwari Prasad Resident of Village - Kewal Kurha (Banjhouriya), P.O.- Chawkiya, P.S.- Sirdala, District - Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar For the Opposite Party/s :
Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 448, 323, 354, 307, 379, 504, 506 of the Indian Penal Code.
Learned counsel for the petitioners seeks
Patna High Court CR. MISC. No.63628 of 2021(2) dt.13-07-2022 2/3 permission to withdraw the petition with regard to petitioner No. 6 namely Brijnandan Prasad since he has been arrested.
Permission is accorded.
Accordingly, the petition with respect to petitioner No. 6 is dismissed as withdrawn.
The prosecution case as per F.I.R is that all the accused persons including the petitioners entered into the house of the informant, assaulted the informant and family members and looted the household articles. It is submitted by learned counsel for the petitioners that in the background of some land dispute, the present accusation has been levelled against the petitioners. There is counter version of the occurrence also. Moreover, the injuries were found to be simple in nature. There is general and omnibus allegation against the petitioners. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. In the facts and circumstance of the case, let
Patna High Court CR. MISC. No.63628 of 2021(2) dt.13-07-2022 3/3 the petitioners, above named, except petitioner No. 6, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Nawada in connection with Sirdala P.S. Case No. 204 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shageer/- U T