Jago Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.6321 of 2020 Arising Out of PS. Case No.-135 Year-2019 Thana- FATEHPUR District- Gaya ====================================================== JAGO PRASAD S/o Faudi Prasad Resident of Village- Naudiha Ganeshpur, P.S.- Fatehpur, Distt- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-07-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner, in the present case, is seeking anticipatory bail in connection with Fathpur P.S. Case No. 135/2019 registered for the offences under Section 341, 323,307, 353, 379, 384, 504, 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case because of village rivalry. It is his further case that no overt act of assault has been alleged against the petitioner and the co-accused Vinay Kumar @ Vinay Prasad against whom there were specific allegation of causing assault and giving a Khanti blow on the head of the informant has been granted privilege of anticipatory bail by learned coordinate Bench of this court in Cr. Misc. No.

Patna High Court CR. MISC. No.6321 of 2020(2) dt.10-07-2020 2/3 56215/2019, copy of which has been enclosed as Annexure '4' to the present application.

Mr. Chandra Sen Prasad Singh, learned A.P.P. for the State has made a fair submission at the bar and has submitted that there being a privilege of anticipatory bail to the accused against whom there was allegation of causing overt act, the case of this petitioner definitely stands on a better footing. Having regard to the facts and circumstances of the case and the submissions noticed hereinabove, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Fathpur P.S. Case No. 135/2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. X, Gaya, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

Patna High Court CR. MISC. No.6321 of 2020(2) dt.10-07-2020 3/3 him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.