Jitendra Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4997 of 2019 Arising Out of PS. Case No.-66 Year-2018 Thana- TELHARA District- Nalanda ======================================================

1. Jitendra Prasad S/o Mahesh Prasad

2. Dinesh Prasad S/o Mahesh Prasad

3. Satish Prasad S/o Ram Bilash Prasad

4. Pawan Kumar S/o Ram Bilash Prasad, All Resident of Village and P.S.- Telhara, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case initially, registered under Sections 147, 341, 323, 307, 379, 504 of the Indian Penal Code and later on, Section-353 of the Indian Penal Code was also added.

The prosecution case, in brief, is that in the backdrop of a petty issue, an altercation took place and in consequence thereof, the accused persons started abusing the informant and on protest, assaulted her.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.4997 of 2019(2) dt.30-01-2019 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused in the present case due to mistake of fact. From perusal of order of Sessions Judge, it appears that the nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. The other co-accused with similar allegation have been granted anticipatory bail by a coordinate bench of this court vide order dated 24-07-2018 passed in Cr. Misc. No. 42749 of 2018. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa in connection with Telhara P.S. Case No. 66 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T