Patna High CourtCR. MISC./85986/2023bail granted

Upendra Prasad v. The State Of Bihar

2024-01-18Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 85986 of 2023 Arising Out of PS. Case No.-108 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== Upendra Prasad S/O - Late Net Narayan Prasad Resident Of Village - Mujauna, Ps - Manjhagarh, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Manjhagarh P.S. Case No. 108 of 2023 dated 17.04.2023, instituted for the offence punishable under Sections 341, 323, 324, 325, 307, 504, 506 and 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he assaulted on the head of the informant by sword.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the injury report shows that the injury caused to the informant is simple in nature caused by hard and blunt substance. Learned counsel further submitted that both the parties are agnates and the said occurrence took

Patna High Court CR. MISC. No. 85986 of 2023(2) dt.18-01-2024 2/2 place due to land dispute amongst them. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Manjhagarh P.S. Case No. 108 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T