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Patna High CourtCR. MISC./69075/2023allowed

Pradeep Kumar @ Pradeep Kumar Rai @ Nanhak v. The State Of Bihar

2023-11-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69075 of 2023 Arising Out of PS. Case No.-101 Year-2022 Thana- RAGHOPUR District- Vaishali ====================================================== Pradeep Kumar @ Pradeep Kumar Rai @ Nanhak S/O- Munnilal Roy Village- Mohanpur W.No-5, Ps- Raghopur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 302 of the Indian Penal Code.

3. Petitioner along with other accused persons are said to have assaulted the father of the informant by means of iron rod, wooden stick, garasa, bricks, stones causing head injuries on account of which he became unconscious and ultimately died during course of treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner caught hold of the father of the informant while allegation of assault is attributed to other

Patna High Court CR. MISC. No.69075 of 2023(2) dt.07-11-2023 2/2 accused persons. He submits that there is case and counter case between the parties. He submits that there is no specific overt act against the petitioner. He submits that both informant and petitioner are pattidar and due to land dispute, he has been made accused in this case. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the informant oppose the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Raghopur P.S. Case No. 101 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T