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Patna High CourtCR. MISC./4654/2023disposed

Bhim Prajapat v. The State Of Bihar

2023-07-04Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4654 of 2023 Arising Out of PS. Case No.-69 Year-2022 Thana- GURARU District- Gaya ====================================================== 1.

BHIM PRAJAPAT SON OF LATE JAGDISH PRAJAPAT RESIDENT OF VILLAGE- ASANI, P.S.- GURARU, DISTRICT- GAYA 2.

ARJUN PRAJAPAT @ ARUN PRAJAPAT SON OF LATE JAGDISH PRAJAPAT RESIDENT OF VILLAGE- ASANI, P.S.- GURARU, DISTRICT- GAYA 3.

PANKAJ KUMAR @ PANKAJ PRAJAPAT SON OF ARJUN PRAJAPAT @ ARUN PRAJAPAT RESIDENT OF VILLAGE- ASANI, P.S.- GURARU, DISTRICT- GAYA 4.

KAMENDRA PRAJAPAT SON OF LATE JAGDISH PRAJAPAT RESIDENT OF VILLAGE- ASANI, P.S.- GURARU, DISTRICT- GAYA 5.

LALITA DEVI @ LALATI DEVI WIFE OF ARJUN PRAJAPAT @ ARUN PRAJAPAT RESIDENT OF VILLAGE- ASANI, P.S.- GURARU, DISTRICT- GAYA 6.

SONI DEVI WIFE OF KAMENDRA PRAJAPAT RESIDENT OF VILLAGE- ASANI, P.S.- GURARU, DISTRICT- GAYA 7.

USHA DEVI WIFE OF DWARIKA PRAJAPAT RESIDENT OF VILLAGE- ASANI, P.S.- GURARU, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2023 At the outset, learned counsel for the petitioner Nos. 1, 2, 4, 5, 6, 7 seeks permission to withdraw the pre-arrest bail petition.

This bail petition is dismissed as withdrawn.

Patna High Court CR. MISC. No.4654 of 2023(3) dt.04-07-2023 2/3 Heard learned counsel for the petitioner No 3 (Pankaj Kumar) and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 147, 379, 323, 504, 307 of the Indian Penal Code and 3⁄4 Dain Act.

As per the prosecution case, all the F.I.R named accused persons including this petitioner (Pankaj Kumar) have formed an unlawful assembly and assaulted the family members of the informant with intention to kill them. It is submitted that due to land dispute a simple occurrence of maarpeet took place between the parties. There is general and omnibus allegation of assault against this petitioner. Case and counter case. None of witnesses supported the prosecution. Petitioner claims clean antecedent. Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner No. 3, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st class, Gaya in connection with Guraru P.S.

Patna High Court CR. MISC. No.4654 of 2023(3) dt.04-07-2023 3/3 case no 69 of 2022, of subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T