Patna High CourtCR. MISC./8214/2022partly allowed disposal

Anil Prasad v. The State Of Bihar

2022-08-30Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8214 of 2022 Arising Out of PS. Case No.-143 Year-2020 Thana- BARHARIA District- Siwan ====================================================== 1.

ANIL PRASAD Son of Late Sitaram Prasad Resident of Village - Kail Tola, Musehari, P.S.- Barharia, Distt.- Siwan.

Appu Kumar Son of Late Gorakh Prasad Resident of Village - Kail Tola, Musehari, P.S.- Barharia, Distt.- Siwan.

... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-08-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Barhariya P.S. Case No. 143 of 2020, registered for the offences punishable under Sections 341,323, 324, 337, 307, 427, 504, 34 of the Indian Penal Code.

There is specific allegation against petitioner No. 2, Appu Kumar, that he assaulted the informant on his head with iron rod. The injuries on the person of informant is grievous in nature. So far as petitioner No. 1 is concerned, there is general and omnibus allegation against him.

Patna High Court CR. MISC. No.8214 of 2022(2) dt.30-08-2022 2/2 Considering the above-mentioned facts and circumstances, petitioner No. 2 Appu Kumar, does not deserve the privilege of anticipatory bail. Accordingly, his prayer for anticipatory bail is rejected.

Let the petitioner No. 1, Anil Prasad, in the event of his arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of ACM 1st, District Siwan in connection with Barhariya P.S. Case No. 143 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T