Pramod Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57823 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- PALANWA District- East Champaran ====================================================== 1.
Pramod Prasad Son Of Late Nand Kishore @ Nand Kishore Prasad Resident Of Village- Bharwaliya, P.S.- Palanwa, Distt- West Champaran 2.
Satendra Kumar @ Satendra Prasad Son Of Pramod Prasad Resident Of Village- Bharwaliya, P.S.- Palanwa, Distt- West Champaran 3.
Deepmala Devi Wife Of Satendra Kumar @ Satendra Prasad Resident Of Village- Bharwaliya, P.S- Palanwa, Distt- West Champaran 4.
Gyatri Devi Wife Of Pramod Prasad Resident Of Village- Bharwaliya, P.S.- Palanwa, Distt- West Champaran 5.
Niraj Kumar Son Of Baliram Prasad Resident Of Village- Bharwaliya, P.S.- Palanwa, Distt- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Gupta, Advocate For the Opposite Party/s :
Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-09-2023 Heard learned counsel for the petitioners and learned counsel for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Palanwa P.S. Case No. 158 of 2022, registered on 22.07.2022 for the offences under Sections 341, 323, 324, 325, 354(B), 427, 307, 379 & 504/34 of the Indian Penal Code.
3. As per prosecution case, the petitioners entered into the house of the informant and assaulted the informant and
Patna High Court CR. MISC. No.57823 of 2023(2) dt.22-09-2023 2/3 her family members causing a number of injuries to them.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioners and the informant side are neighbours and the present case is counter blast of Palanwa P.S. Case No. 157 of 2022 registered under Sections 341, 323, 324, 149, 148, 379, 504, 307 of the Indian Penal Code. There is case and counter case between the parties and both sides have received injuries in the quarrel. Injury reports of both sides show simple injuries to them. Petitioners have got no criminal antecedent.
5. Learned APP opposes the submission made on behalf of the petitioners.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the case and counter case between the parties and further considering the non-specific allegation and also considering the possibility of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial
Patna High Court CR. MISC. No.57823 of 2023(2) dt.22-09-2023 3/3 Magistrate, Ist Class, Raxaul, Motihari, East Champaran/concerned court in connection with Palanwa P.S. Case No. 158 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) DKS/- U T