Brijesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50781 of 2019 Arising Out of PS. Case No.-534 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== 1.
BRIJESH PRASAD Son of Binda Raut Resident of Village-Bari Tola, P.S.- Bettiah Muffasil, District-West Champaran.
2.
Sonu Kumar Brijesh Prasad Resident of Village-Bari Tola, P.S.-Bettiah Muffasil, District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Shekhar Tiwary For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2019 This application, for grant of anticipatory bail, arises out of Bettiah Muffasil P.S. Case No. 534 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 332, 353, 307 and 354-B of the Indian Penal Code.
Prosecution case is that while the informant was returning to his house to celebrate the festival of Muharram and when reached near his village, he saw one Laldeo Yadav and his family members carrying bricks and stones in their hand and, thereafter, one villager, namely Sanjay Bari caught his hand from behind and tried to kill him. In the meantime, the petitioner and others started brick batting and pelting stones on the informant and others causing injuries to them and the accused persons also misbehaved with the lady members of the family, thereafter police came and accused persons
Patna High Court CR. MISC. No.50781 of 2019(2) dt.16-08-2019 2/2 fled away.
Submission of learned counsel for the petitioners is that there is case and counter case between the parties, as a case has also been lodged by the co-accused Laldeo Yadav with respect to the same occurrence and furthermore, two co-accused of this case has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 12.07.2019 passed in Cr. Misc. No. 43188 of 2019.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Bettiah Muffasil P.S. Case No. 534 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T