Arvind Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49616 of 2018 Arising Out of PS.Case No. -514 Year- 2017 Thana -MINAPUR District- MUZAFFARPUR ======================================================
1. Arvind Prasad, S/o Sri Tulan Prasad,
2. Sawan Prasad S/o Sri Sitaram Prasad,
3. Ramchandra Prasad S/o Late Faguni Prasad,
4. Sakal Prasad @ Ram Sakal Prasad,
5. Satendra Prasad @ Satendra Kumar Both Sons of Late Mohit Prasad.
6. Ram Babu Prasad
7. Shyambabu Prasad Both Sons of Raj Mangal Pd.,
8. Munna Prasad @ Shailendra Prasad @ Shailendra Kumar S/o Nawalal Prasad, All R/o Vill.- Kharhar, P.S.- Minapur, District- Muzaffarpur. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioners : Mr. Arun Kumar For the Opposite Party/s : Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 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, 148, 149, 341, 323, 307, 379, 427 & 504 of the Indian Penal Code.
The prosecution case, in brief, is that all the accused persons having surrounded the informant, assaulted him with fist and slaps and uttered abusive language. An amount of Rs. 1600/- was snatched away from pocket of the informant.
It has been submitted on behalf of the petitioners that the
Patna High Court Cr.Misc. No.49616 of 2018 (2) dt.05-10-2018 petitioner Nos. 2, 6 & 7 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. From perusal of the FIR, it is evident that none of the person is said to have been injured in the occurrence. Hence no case u/S 307 of the Indian Penal Code. Rest offences are triable by the Magistrate.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 514 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T