Anil Prasad @ Anil Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.31826 of 2015 (2) dt.12-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31826 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -KADIRGANJ District- PATNA ======================================================

1. Anil Prasad @ Anil Kumar Son of Sri Krishna Prasad

2. Babban Prasad @ Som Prakash @ Om Prakash Son of Sri Madho Prasad Both resident of village - Baribigha, P.S. Kadirganj, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indu Shekhar Dwivedi For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Kadirganj P.S. case No. 27 of 2015, disclosing offences under Sections 341,323,504/34 of the Indian Penal Code and 3(i)(x) of the Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities) Act.

Learned counsel for the petitioners appears to be right in his submission that no offence under Section 3(i) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act is made out on the basis of the allegation as contained in the First Information Report, inasmuch as, it is not alleged that the

Patna High Court Cr.Misc. No.31826 of 2015 (2) dt.12-08-2015 occurrence took place in public view. The petitioners are said to have no criminal antecedents as stated in paragraph 3 of the bail application.

Accordingly, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 Sri C.M. Kumar, learned Judicial Magistrate, Ist Class Masaurhi, Patna in Kadirganj P.S. Case No. 27 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present themselves before the Police/Court, as the case may be, and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, his bail bonds shall liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U