Patna High CourtCR. MISC./60075/2023bail granted

Suresh Patel @Suresh Raut v. The State Of Bihar

2023-10-11Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60075 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== 1.

SURESH PATEL @ SURESH RAUT Son Of Ram Briksh Raut @ Ram Briksh Patel Resident Of Village- Chailaha Kothi, P.S.- Turkauliya (Banjaria O.P.), Distt- East Champaran At Motihari 2.

RABINDRA PRASAD Son Of Ramji Prasad Resident Of Village- Chailaha Kothi, P.S.- Turkauliya (Banjaria O.P.), Distt- East Champaran At Motihari 3.

RAVINDRA YADAV Son Of Bagad Yadav Resident Of Village- Chailaha Kothi, P.S.- Turkauliya (Banjaria O.P.), Distt- East Champaran At Motihari 4.

RAMAKANT KUMAR @ RAMAKANT YADAV Son Of Prayag Yadav Resident Of Village- Chailaha Kothi, P.S.- Turkauliya (Banjaria O.P.), DisttEast Champaran At Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-10-2023

1. Heard learned counsel for the Petitioners and learned APP for the State

2. Petitioners apprehend their arrest in connection with Paharpur P.S. Case No. 09 of 2023 dated 08.01.2023, registered for the offences punishable under Sections 324, 447, 341, 323, 325, 307, 504, 506 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioners are that the petitioners have fair and clean antecedent and against them there is no serious allegation in the FIR and the main allegation of assaulting the so-called injured persons is against co-accused persons namely, Ritesh Pandey,

Patna High Court CR. MISC. No.60075 of 2023(2) dt.11-10-2023 2/2 Darshan Pandey and Vijay Yadav and the petitioners are stated to be the members of the assailant group but any specific role of any of them has not been alleged in the FIR and several persons have been named in the FIR and a land dispute running in between both the parties is stated to be the genesis of the alleged occurrence.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioners.

5. Considering the above submissions and mainly the nature of allegation appearing against the petitioners and also, their fair and clean antecedent, this Court is inclined to accept their prayer for anticipatory bail. Accordingly, let the petitioners namedabove, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Paharpur P.S. Case No. 09 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Maynaz/- U T