Allowed

Madan Gopal Prasad @ Madan Gopal v. The State of Bihar

Patna HC10 Nov 2023CR. MISC./48762/2023

Case brief

AI extract

What is this about?

The High Court of Patna considered an anticipatory bail petition filed by nine individuals facing arrest in a criminal case alleging unlawful possession of property. The court allowed the application, directing the petitioners to appear within six weeks or surrender and granting bail upon furnishing a requisite bond.

What did the court decide?

Petitioners to be enlarged on bail subject to surrender within six weeks and furnishing a bail bond of Rs. 20,000 with sureties at Raxaul court.

Madan Gopal Prasad @ Madan Gopal Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48762 of 2023

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Arising Out of PS. Case No.-251 Year-2018 Thana- RAMGARHWA District- East

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Champaran

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======================================================

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Madan Gopal Prasad @ Madan Gopal S/O Late Bhola Sah R/O VillageRamgarhwa Bazar, Ps. Ramgarhwa, Dist. East Champaran

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Prabhat Prasad S/O Late Bhola Sah R/O Village- Ramgarhwa Bazar, Ps. Ramgarhwa, Dist. East Champaran

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Pradip Kumar Prasad @ Pradip Kumar S/O Late Ramchandra Prasad R/O Village- Ramgarhwa Bazar, Ps. Ramgarhwa, Dist. East Champaran

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Ravi Kumar S/O Late Shivji Prasad R/O Village- Ramgarhwa Bazar, Ps. Ramgarhwa, Dist. East Champaran

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Raja Babu @ Raj Kumar S/O Late Shivji Prasad R/O Village- Ramgarhwa Bazar, Ps. Ramgarhwa, Dist. East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar No.1, Advocate For the Opposite Party/s : Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER

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4 10-11-2023

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Heard learned counsel for the petitioners and learned

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Additional Public Prosecutor for the State.

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2 . The petitioners are apprehending their arrest in a case in connection with Ramgarhwa P.S. Case No. 251 of 2018 dated 10.0.2018 registered for the offences punishable u/ss 448, 379, 341, 504, 387, 506 read with section 34 of the Indian Penal Code.

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3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have taken unlawful possession of the informant’s garage and demanding Rs.

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Patna High Court CR. MISC. No.48762 of 2023(4) dt.10-11-2023 2/3

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10,00,000/- as rangdari . When the informant looked the garage and found missing his bundle of cloths worth Rs. 11,00,000/which were purchased to sell on the occasion of Dushara and Chhath Puja . It is further alleged that the petitioners and the coaccused persons are broker of the land and they used to take unlawful possession over the land on contract.

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4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is civil dispute between the parties. No ransom was demanded. It is further submitted that both sides are pattidar/ gotia and residing under the same village and the informant is the cousin brother of the petitioner no. 5. It is further submitted that the petitioners have no concern with the alleged offence. The petitioners have no criminal antecedent except the petitioner no. 2 and the petitioner no. 5 have two criminal antecedent as stated in para 3 of the bail petition.

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5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

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6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees

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Patna High Court CR. MISC. No.48762 of 2023(4) dt.10-11-2023 3/3

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Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Raxaul at Motihari in connection with Ramgarhwa P.S. Case No. 251 of 2018 , subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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7. This application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-

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U T

Madan Gopal Prasad @ Madan Gopal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Madan Gopal Prasad @ Madan Gopal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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