Bharat Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75494 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- GORIAKOTHI District- Siwan ====================================================== 1.

Bharat Prasad Son of Late Kishnath Prasad Resident of village- Sheikhpura Kamkar Toli, P.S.- Goreakothi, Dist.- Siwan 2.

Sujit Prasad @ Sujit Kumar Son of Bharat Prasad Resident of villageSheikhpura Kamkar Toli, P.S.- Goreakothi, Dist.- Siwan 3.

Vinay Prasad Son of Bharat Prasad Resident of village- Sheikhpura Kamkar Toli, P.S.- Goreakothi, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam, Advocate For the Opposite Party/s :

Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-01-2025 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Goreakothi P.S. Case No. 110/2024 registered on 17.05.2024 for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 447, 452, 427, 436, 379, 504, 506 of the Indian Penal Code.

3. According to the prosecution, an F.I.R. has been lodged against 21 named accused persons, including the present petitioners, alleging that all the accused suddenly appeared at the informant's door, armed with various weapons, and began

Patna High Court CR. MISC. No.75494 of 2024(3) dt.29-01-2025 2/3 abusing and assaulting the informant. Specifically, it is alleged that petitioner no. 2 assaulted the informant with a sharp-edged weapon on his head. Petitioner no. 1 is accused of instigating the assault on the informant and his family members. Petitioner no. 3 is alleged to have assaulted the informant's sister-in-law with a lathi, breaking her hand and leg.

4. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have committed no offence. The accusation has been levelled against the petitioners due to dirty village politics. There is no specific allegation against petitioner no.3. The antecedents of the petitioners are clean.

4. Learned APP for the State opposes the prayer for bail of the petitioners.

5. Considering the fact that there is no specific allegation against petitioner no.3, namely, Vinay Prasad, let he be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Siwan, in connection with Goreakothi P.S. Case No. 110/2024, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.75494 of 2024(3) dt.29-01-2025 3/3 438(2) of the Cr.P.C.

6. However, considering the nature of allegation levelled against petitioner Nos. 1 and 2 in the F.I.R., this Court is not inclined to grant bail to the petitioners. Accordingly,the prayer for bail so far as it relates to petitioner nos. 1 and 2 is hereby rejected.

(Dr. Anshuman, J) Ashwini/- U T