Uday Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56508 of 2022 Arising Out of PS. Case No.-507 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== UDAY PRASAD Son of Suresh Mahto @ Suresh Prasad Resident of Village - Pipariya, Post Office - Sapahi, Police Station - Turkauliya, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 147, 341, 323, 307, 385, 379, 354(B), 504 and 506 of the Indian Penal Code. The allegation against the petitioner is that he alongwith other co-accused persons assaulted the informant and his family members by means of deadly weapons due to which they sustained injuries. It is further alleged that the accused persons took away Rs.50,000/- cash and also snatched mobile phone from the nephew of the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.56508 of 2022(2) dt.02-01-2023 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. There is an admitted land dispute between the parties. He further submits that the injuries sustained by the informant and his family members are simple in nature. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, as the injuries are of simple in nature, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Turkauliya P.S. Case No.507 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T