Anil Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8869 of 2019 Arising Out of PS. Case No.-142 Year-2018 Thana- AKBARPUR District- Nawada ======================================================

1. Anil Prasad Son of Rajo Yadav

2. Dulari Devi Wife of Ambika Prasad

3. Guddu Yadav Son of Ram Bilas Prasad, all are Resident of village-Chaita Bigha, P.S. Akbarpur, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 341, 323, 307, 379, 427, 504 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners and two unknown persons assaulted the informant and her daughter by means of irod rod, khanti, due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.8869 of 2019(2) dt.19-02-2019 2/2 present case. It is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the 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) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Nawada in connection with Akbarpur P.S. case No.142 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T