Patna High CourtCR. MISC./80874/2019bail granted

Vinod Prasad v. The State Of Bihar

2019-12-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80874 of 2019 Arising Out of PS. Case No.-326 Year-2018 Thana- HARSIDHI District- East Champaran ====================================================== 1.

VINOD PRASAD S/o Chhabilal Singh R/o village- Bishunpura, P.S.- Harsidhi, District- East Champaran 2.

Manoj Singh @ Manoj Prasad S/o Chhabilal Singh R/o village- Bishunpura, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7, Advocate For the Opposite Party/s :

Mr. N.N. Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 325, 308, 379, 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant by means of lathi, danda, iron rod, due to which he sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court CR. MISC. No.80874 of 2019(2) dt.10-12-2019 2/2 present case. The date of occurrence is 31.07.2018, whereas the case was instituted on 08.08.2018. Delay has not been explained by the prosecution. There is admitted land dispute between the parties. No deadly weapon is said to have been used in course of occurrence.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Harsidhi P.S. case No.326 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T