Basanat Prasad @ Basant Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 62816 of 2023 Arising Out of PS. Case No.-228 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

BASANAT PRASAD @ BASANT RAM S/O - RAMCHANDAR PRASAD TANTI R/O - WARD NO. 19, PATWA TOLI, P.S. - DAUDNAGAR 2.

NITESH KUMAR S.O BASANT PRASAD @ BASANT RAM R/O - WARD NO. 19, KATWA TOLI, P.S. - DAUDNAGAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shri Prakash Tiwari For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 120B, 302, 504 and 505 of the Indian Penal Code.

As per allegation in the FIR, several accused persons including the petitioners came to the house of the informant and started to abuse and assault the informant and her husband. Accused Rajendra Pd. Tanti assaulted her husband with iron rod on his head as a result of which he became unconscious and doctor declared him brought dead.

Patna High Court CR. MISC. No. 62816 of 2023(2) dt.11-10-2023 2/3 Other accused persons and petitioners assaulted to other family members of the informant causing head injuries to his both sons.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. They are only the members of the mob. Specific allegation is against Rajendra prasad Tanti and not against the petitioners. General and omnibus allegations have been levelled against the petitioners and are alleged to be assaulted to his son Ravi Kumar but no injury report of his injured son is brought on record. Petitioners have got no criminal antecedent and languishing in judicial custody since 17.4.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No. 62816 of 2023(2) dt.11-10-2023 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge Aurangabad in connection with Daudnagar P.S. Case No. 228 of 2023. (Sunil Kumar Panwar, J) sushma/- U