Mantu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71453 of 2021 Arising Out of PS. Case No.-70 Year-2021 Thana- SURYAPURA District- Rohtas ====================================================== 1.

MANTU PRASAD S/o Late Mahendra Prasad R/o- Vill- Amapokhar, P.S.- Suryapura, Distt. - Rohtas.

2.

Anis Prasad S/o Sudama Prasad R/o- Vill- Amapokhar, P.S.- Suryapura, Distt. - Rohtas.

3.

Bittu Prasad S/o Sudama Prasad R/o- Vill- Amapokhar, P.S.- Suryapura, Distt. - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Further, learned Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioner No.2, as the petitioner No.2 has been taken into judicial custody.

Permission is accorded.

The application filed on behalf of petitioner No.2 is

Patna High Court CR. MISC. No.71453 of 2021(2) dt.08-03-2022 2/3 dismissed as withdrawn.

The petitioner Nos.1 and 3 are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation is that petitioner No.1 and co-accused assaulted the informant by lathi and danda and when Arvind Dubey, brother of the informant, came to save, then co-accused Ranjit Prasad assaulted him with lathi on his head, due to which he sustained injury and when the family members of informant came to save, then petitioner No.3 and co-accused Anis Prasad and Sudama Prasad started assaulting them and petitioner No.1 made firing and the informant managed to flee away but his brother Arvind Dubey became unconscious.

It has been submitted on behalf of the petitioner Nos.1 and 3 that the petitioner No.3 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner Nos.1 and 3. The petitioner Nos.1 and 3 have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner Nos.1 and 3. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of

Patna High Court CR. MISC. No.71453 of 2021(2) dt.08-03-2022 3/3 the accused persons have not been explained by the prosecution. Prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner Nos.1 and 3 are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner Nos.1 and 3, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1, Rohtash, Sasaram in connection with Suryapura P.S. case No.70/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T