Prem Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74332 of 2024 Arising Out of PS. Case No.-203 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Prem Prasad Son of Dwarika Prasad R/O Vill.- Belvaniya, P.S.- Shikarpur, Dist.- West Champaran.

2.

Vijay Prasad Son of Dwarika Prasad R/O Vill.- Belvaniya, P.S.- Shikarpur, Dist.- West Champaran.

3.

Vijay Prasad Son of Jagat Prasad R/O Vill.- Belvaniya, P.S.- Shikarpur, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raki Alam For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2024

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Shikarpur P.S. Case No. 203 / 2024 dated 26.03.2024 registered under Sections 147, 149, 341, 323, 324, 307, 354, 379, 504 of the I.P.C.

3. As per the prosecution case due to quarrel between the son of the petitioner no. 1 and the son of the informant on 25.03.2024 during Holi, nineteen accused persons including the petitioners on 26.03.2024 arrived at the house of the informant and abused her and her family members and when objected by the informant's son, he was assaulted by the petitioner no. 1 by

Patna High Court CR. MISC. No.74332 of 2024(2) dt.14-11-2024 2/3 means of farsa on his head and the petitioner no. 2 assaulted the maternal grandson of the informant namely, Dipak Yadav by means of farsa.

4. Learned counsel for the petitioners submits that occurrence has taken place during the Holi festival. There was quarrel between both the parties and a counter case has been lodged by the side of the petitioners bearing Shikarpur P.S. Case No. 202 / 2024 , which is prior in time to the present F.I.R. Referring to the injury reports at Annexure -2 Series, learned counsel submits that injuries caused to the victims are simple in nature. Both the parties have entered into compromise.

5. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are neighbours, there is case and counter case, injuries caused are simple in nature, I am inclined to grant anticipatory bail to the petitioners.

6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Bettiah, West Champaran in connection

Patna High Court CR. MISC. No.74332 of 2024(2) dt.14-11-2024 3/3 with Shikarpur P.S. Case No. 203 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T