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Patna High CourtCR. MISC./15956/2022bail granted

Gama Prasad Rai @ Gama Prosad @ Gama Prasad @ Gama Rai @ Gama Prasad Yadav v. The State Of Bihar

2022-08-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15956 of 2022 Arising Out of PS. Case No.-700 Year-2021 Thana- GARKHA District- Saran ====================================================== 1.

GAMA PRASAD RAI @ GAMA PROSAD @ GAMA PRASAD @ GAMA RAI @ GAMA PRASAD YADAV Son of Late Hukum Ray R/o Village - Rasidpur, P.S.- Garkha, District - Saran 2.

Satyendra Kumar Yadav Son of Gama Prasad Rai @ Gama Prosad @ Gama Prasad @ Gama Rai @ Gama Prasad Yadav R/o Village - Rasidpur, P.S.- Garkha, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-08-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

As per the prosecution case, on 10.10.2021 around 1:00 PM when the informant was at his home, he received an information that FIR named accused persons caused injury to Janardan Prasad Rai with some sharp cutting weapon. It is submitted on behalf of petitioners that present case is counter blast of Garkha P.S. Case No. 699 of 2021. Allegation of assault is general and omnibus. Informant is not eye-witness of the occurrence. Victim Janardan Prasad Rai has

Patna High Court CR. MISC. No.15956 of 2022(2) dt.24-08-2022 2/2 not filed any case and the informant, who is in inimical to the petitioners from before, has lodged the present case. Both sides sustained injury. In fact, the informant's side were aggressor and three persons from the petitioners' side got injured in the alleged occurrence. Petitioners have got clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as clean antecedent, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged 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 learned Judicial Magistrate 1st Class, Chapra District Saran in connection with Garkha P.S. Case No. 700 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T