Mahendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1701 of 2022 Arising Out of PS. Case No.-224 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

Mahendra Prasad, Son Of Suker Mahto R/O Village- Dumrawa, P.S.- Deepnagar, Dist.- Nalanda 2.

Sudhir Kumar @ Sudhir Mahto, Son Of Ishwar Mahto R/O VillageDumrawa, P.S.- Deepnagar, Dist.- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anil Chandra For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2022 The learned counsel for the petitioners seeks permission to make rectification in the name of the petitioner no.2.

Permission is accorded.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner

Patna High Court CR. MISC. No.1701 of 2022(2) dt.08-08-2022 2/3 no.1 is a senior citizen and on account of the land dispute, the present occurrence took place in which the informant alleges that the accused persons including the petitioners entered his house and abused him and his mother and father, co-accused Pappu Kumar and Sarwan Kumar assaulted Naresh Prasad by khanti causing injury on head and fracture of both of his hands and thereafter petitioners assaulted Vikash Kumar injuring him and Bimli Devi snatched mangalsutra and earring from his mother.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is next submitted that the present occurrence took place on account of existing land dispute. It is also submitted that even presuming what has been alleged is true without admitting for the purposes of anticipatory bail against the petitioner, then the allegation of assaulting Vikash Kumar and from perusal of the injury report, it would manifest that the injuries are simple and are on non-vital part of the body.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the

Patna High Court CR. MISC. No.1701 of 2022(2) dt.08-08-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Deepnagar P. S. Case No.224 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T