Lalan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74653 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- AGRER District- Rohtas ====================================================== 1.

Lalan Prasad Son of Late Rupchand Prasad @ Roop Chand @ Rup Chandra Resident of Village - Mahabirganj, P.S.- Agrer, District- Rohtas 2.

Lalu Prasad @ Lallu Prasad Son of Late Rupchand Prasad @ Roop Chand @ Rup Chandra Resident of Village - Mahabirganj, P.S.- Agrer, DistrictRohtas 3.

Kishor Prasad @ Kishor Kumar Son of Late Rupchand Prasad @ Roop Chand @ Rup Chandra Resident of Village - Mahabirganj, P.S.- Agrer, District- Rohtas ... ... Petitioners

Versus

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

For the Petitioner :

Mr. Siddharth Harsh, Advocate For the Opposite Party :

Mr. Dr. Kr Uday Pratap, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-02-2020 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323,324, 308/504 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case as no such occurrence in fact took place. Further, the allegation of giving tangi blow on the head of the informant is on co-accused Narendra Prasad and petitioner no.1 is alleged to have given lathi blow on the head of the informant. There is no specific allegation against rest two petitioners. Informant and petitioners are gotia and there is admittedly land dispute between the parties. Injury caused by petitioner no.1 has been found to be simple abrasion. Petitioners have got no criminal antecedent. Considering the facts of the case, let the petitioners,

Patna High Court CR. MISC. No.74653 of 2019(2) dt.13-02-2020 2/2 above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-II, Sasaram, District Rohtas in Agrer Police Station Case No. 48 of 2019, on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T