Patna High CourtCR. MISC./64119/2023bail granted

Pannalal Prasad v. The State Of Bihar

2023-10-19Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64119 of 2023 Arising Out of PS. Case No.-363 Year-2022 Thana- KOTWA District- East Champaran ====================================================== PANNALAL PRASAD S/o Basant Prasad R/o Village Nayaka Tola Ahirawiliya P.S.-Kotwa, Dist.-E. Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar No. 2, Advocate.

For the Opposite Party/s :

Mr. Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.

2. Petitioner apprehends his arrest in connection with Kotwa P.S. Case No. 363 of 2022 dated 14.9.2022 registered for the offence punishable under Sections 341, 323, 379 and 504/34 of the Indian Penal Code.

3. As per the First Information Report, while the informant was talking with his brother, namely, Basant Prasad, in the meanwhile three sons of Basant Prasad abused the informant and their father and also assaulted them. It has further been alleged that the petitioner has assaulted the informant by means of lathi on his head.

Patna High Court CR. MISC. No.64119 of 2023(2) dt.19-10-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to family dispute. Both the parties are closely related and the informant is uncle of the petitioner. Learned counsel next submits that the occurrence has taken place on 28.5.2022 but Fard-e-beyan of the petitioner was recorded after a lapse of about three months i.e. on 1.9.2022. Referring to Annexure-2 which is injury report, learned counsel submits that the Doctor has found the injury caused to the informant as simple in nature.

5. Regards being had to the submission made by the parties and taking into consideration the fact that both the parties are closely related, there is inordinate delay in lodging the Fard-e-beyan and the injury caused to the informant is simple in nature, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, in the event of arrest or surrender before the learned court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.64119 of 2023(2) dt.19-10-2023 3/3 of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Kotwa P.S. Case No. 363 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Ali/- U T