Patna High CourtCR. MISC./38174/2016bail granted

Upendra Prasad v. The State Of Bihar

2016-09-16Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38174 of 2016 Arising Out of PS.Case No. -131 Year- 2016 Thana -SIRDALA District- NAWADA ====================================================== Upendra Prasad Son of Gaya Prasad Resident of Village/MohallaNandudih, P.S.- Sirdala, District- Nawada. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

16-09-2016 Heard Sri Krishna Deo Raj, learned counsel for the petitioner and Sri Yogendrda Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Sirdala P.S. Case No. 131 of 2016 registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 354, 379 and 504 of the Indian Penal Code, has prayed for grant of anticipatory bail. By way of referring to F.I.R., learned counsel for the petitioner submits that land dispute in between the parties was going on. There was case and counter case in between the parties. He further submits that on perusal of the injury report, which has been brought on record, it is evident that there is no case of application of Section 307 of the Indian Penal Code. He submits

Patna High Court Cr.Misc. No.38174 of 2016 (2) dt.16-09-2016 2/2 that all the injuries were found to be given by hard and blunt substance.

Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail.

However, after going through the materials on record, particularly the F.I.R. and injury report as well as Annexure - 3 i.e. complaint petition, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Upendra Prasad be enlarged 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 Addl. Chief Judicial Magistrate - V, Nawada in connection with Sirdala P.S. Case No. 131 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay U T