Mannu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75192 of 2023 Arising Out of PS. Case No.-446 Year-2022 Thana- DHANARUA District- Patna ====================================================== Mannu Prasad S/O Mr. Ramdeo Prasad Village- Aurangpur, Ps. Dhanarua, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354(B), 379, 504, 506 of the Indian Penal Code whereas chargesheet has been submitted under Sections 147, 148, 149, 341, 323, 307, 302, 504, 506 of the Indian Penal Code.

It is alleged that all the F.I.R named accused persons including the petitioner assaulted the informant,

Patna High Court CR. MISC. No.75192 of 2023(2) dt.30-11-2023 2/3 his wife and son, as a result of which they sustained injuries. It is alleged against the petitioner that he assaulted with iron rod to the wife of the informant on her head, as a result of which she sustained head injuries. Subsequently, the informant succumbed to the injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is land dispute between the parties and for the alleged occurrence of 05.08.2022, fardbeyan was recorded on 07.08.2022. The petitioner is alleged to have assaulted to the wife of the deceased and there is no accusation of repeating the blow. The petitioner is languishing in custody since 17.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for

Patna High Court CR. MISC. No.75192 of 2023(2) dt.30-11-2023 3/3 bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 446 of 2022(Sessions Trial No. 930/2023).

(Sunil Kumar Panwar, J) Shageer/- U T