Shyam Prasad Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9953 of 2019 Arising Out of PS. Case No.-419 Year-2018 Thana- DEEPNAGAR District- Nalanda ======================================================
1. Shyam Prasad Singh Son of Late Sukhdeo Prasad Singh Resident of Village - Maghra, P.S.- Deep Nagar
2. Rakesh Kumar @ Makai Singh Son of Shyam Prasad Singh Resident of Village - Maghra, P.S.- Deep Nagar, Distt.- Nalanda.
3. Rishabh Kumar Son of Late Rajesh Kumar Resident of Village - Maghra, P.S.- Deep Nagar, Distt.- Nalanda.
4. Mintu Kumar @ Karan Kumar Son of Late Rajesh Kumar Resident of Village - Maghra, P.S.- Deep Nagar, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amresh Kumar Sinha, Adv.
For the State :
Mr. Ajit Kumar, APP For the Informant :
Mr. Mritunjay Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-02-2019 This is an application for grant of anticipatory bail in connection with Deep Nagar P.S. Case No. 419 of 2018, disclosing offences under Sections 341, 323, 447, 307, 379, 379, 385, 504, 506/34 of the Indian Penal Code.
Allegation against petitioner no.1 is of order giver, allegation against petitioner no.2 is of assault with garasa, which does not hit anybody, allegation against petitioner no.3 is of caught hold the informant and allegation against petitioner no.4 is of assault with fists and legs to the informant.
At the very outset, submission of learned counsel for the petitioners is that it has wrongly mentioned in the petition that the petitioner no.2 is accused in one more case, but he is accused in some
Patna High Court Cr.Misc. No.9953 of 2019(2) dt.19-02-2019 2/2 other cases also. So far injury is concerned, no injury report is available.
Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioners stating that the petitioner no.2 is accused in four other cases.
Having heard both sides, considering the above facts and circumstances of the case, so far petitioner nos.1, 3 and 4 are concerned, this application is allowed. Let the petitioner nos.1, 3 and 4, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif, in connection with Deep Nagar P.S. Case No. 419 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
So far petitioner no.2 is concerned, I am not inclined to grant anticipatory bail to him, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court. With the above direction, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T