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Patna High CourtCR. MISC./83146/2023allowed

Kaushlendra Prasad v. The State Of Bihar

2024-01-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83146 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- BELCHHI District- Patna ====================================================== Kaushlendra Prasad Son of Nandkishore Prasad Resident of Village- Korari, Police Station - Belchhi, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 325, 307, 379, 506/34 IPC. 3.

Allegedly, the petitioner and other accused persons armed with iron rod surrounded the informant and demanded extortion money and on refusal, brutally assaulted the informant. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. There is land dispute between the parties, for which a civil suit is going on. It is further submitted that in the impugned order, the injury has been considered but nature of injury is not

Patna High Court CR. MISC. No.83146 of 2023(2) dt.08-01-2024 2/2 mentioned. Petitioner has three criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is land dispute between the parties, 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 Belchhi P.S. Case No.52 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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