← Library
Patna High CourtCR. MISC./81280/2023allowed

Radhamohan Bin v. The State Of Bihar

2023-12-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81280 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- PIPRASI District- West Champaran ====================================================== Radhamohan Bin Son Of Bandhu Mahto (BIN) Resident Of VillageBaharisthan, P.S.- Piprasi, District- West Champaran (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Sharma For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 325, 307, 379, 427, 448/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other co-accused persons assaulted the informant's side by means of weapon after entering on his land.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. He submits that there is case and counter case between the parties and both sides have

Patna High Court CR. MISC. No.81280 of 2023(2) dt.21-12-2023 2/2 sustained injuries. He further submits that the petitioner is the brother-in-law of the informant. He also submits that the injury found upon the head of injured person, namely, Bashist, was simple in nature. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case, nature of the injury and the fact that the petitioner is pattidar of the informant, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Piprasi P.S. Case No. 25 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T