Rajendra Prasad @ Rajindra Prasad And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12965 of 2016 Arising Out of PS.Case No. -203 Year- 2015 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================
1. Rajendra Prasad @ Rajindra Prasad
2. Surendra Prasad Both are sons of Ram Ekbal Prasad
3. Ram Ekbal Prasad @ Ram Ekbal Mahto S/o late Jhulan Prasad All are resident of Village Chamanpura, P.S. Baikunthpur, Dist-Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-04-2016 Heard counsel for the petitioners and Mr. Dayal for the State.
The petitioners apprehend their arrest in Baikunthpur P.S. case no. 203 of 2015, registered under Sections 447, 341,323,324,307,325,504/34 of the IPC.
Both the parties are gotiyas. It is alleged that on 25.11.2015, the petitioner no.1 assaulted the informant with Garasi on head whereas petitioner no.2 assaulted on head with lathi. Petitioner no.3 has allegedly abused.
Counsel for the petitioners has drawn attention of the Court to Annexure-2 which is the injury report in order to submit that the doctor did not find any grievous injury and that the PHC is close to the police station but no information was given
immediately of the occurrence. After ten days written report was filed. He has drawn attention of the Court to the statements made in para 7. The petitioners do not carry criminal antecedent. In the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on anticipatory bail. Let the petitioners, named above, in the event of their arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj in connection with Baikunthpur P.S. case no. 203/2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner(s).
(ii) As soon as the charges are framed the petitioner(s) shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner(s) and
secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Shyam/- U T