Anil Prasad v. The State Of Bihar
Patna High Court Cr.Misc. No.5887 of 2015 (2) dt.12-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5887 of 2015 Arising Out of PS.Case No. -166 Year- 2014 Thana -DAUDPUR District- SARAN ======================================================
1. Anil Prasad son of Sri Baldeo Prasad resident of village- Nasira, P.S.- Daudpur, District- Saran at Chapran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 12.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Daudpur P.S. Case no. 166/2014 registered under sections 307, 379 and other allied sections of the IPC.
The petitioner is said to have given dagger blow to the informant causing injury on his head. So far as rest accused persons are concerned, they assaulted the informant with iron rod and danta. Annexure 2 as well as the impugned order of the learned Sessions Judge reveal that informant sustained simple injury. The contention on behalf of the petitioner is that informant and the petitioner are agnates and, as a matter of fact, there was dispute between the parties on the point of partition. It is further contended by him that even if prosecution story assumed to be true, then also, application of section 307 of the IPC appears to be doubtful
Patna High Court Cr.Misc. No.5887 of 2015 (2) dt.12-02-2015 and so far as section 379 of the IPC is concerned, the same has been inserted with a view to make the offence graver. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Brajesh Kumar, Judicial Magistrate, Ist Class, Saran at Chapra/concerned court in Daudpur P.S. Case no. 166/2014 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T