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Patna High CourtCR. MISC./72202/2023allowed

Amit Prasad @ Amit Ranjan Prasad v. The State Of Bihar

2023-11-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72202 of 2023 Arising Out of PS. Case No.-45 Year-2022 Thana- DAUDPUR District- Saran ====================================================== 1.

Amit Prasad @ Amit Ranjan Prasad Son Of Parmhansh Prasad Resident Of Village - Saryupur, P.S.- Daudpur, Dist.- Saran At Chhapra 2.

Ravi Ranjan Prasad Son Of Mahanth Prasad Resident Of Village - Saryupur, P.S.- Daudpur, Dist.- Saran At Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is the prosecution case that the petitioners are the organizer of the Puja. At the venue of Puja, some obscene music and songs were being played, which was objected by the informant, whereafter they have surrounded by the petitioners along with several co-accused persons and assaulted invariably.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.72202 of 2023(2) dt.29-11-2023 2/2 there is case and counter case between the parties. Similarly situated co-accused have been enlarged on bail by a Co-ordinate Benches of this court vide order dated 14.07.0203 passed in Cr. Misc. No. 29810 of 2023 and vide order dated 21.09.2023 passed in Cr. Misc. No. 39397 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Daudpur P.S. Case No.45 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T