Bikrama Prasad @ Bikram Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55013 of 2018 Arising Out of PS. Case No.-64 Year-2018 Thana- BARUN District- Aurangabad ======================================================

1. Bikrama Prasad @ Bikram Prasad, S/o Late Sitaram Sao,

2. Ramendra Prasad, S/o Bikrama Prasad @ Bikram Prasad,

3. Sambhu Prasad @ Shambhu Prasad, S/o Bikrama Prasad @ Bikram Prasad,

4. Amarjeet Prasad @ Babli, S/o Late Santosh Prasad, All are resident of Village- Khemda, P.S.- Barun, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Barun P.S. Case No. 64 of 2018 for the offence under Sections 308, 379, 504, 506, 341, 323, 324, 147, 149 of the Indian Penal Code.

Learned counsel for the petitioner submits that there is case and counter case between the parties. No allegation of assault against petitioners No. 1 and 4. The allegation of assault is against petitioners No. 2 and 3.

Considering the aforesaid, let the petitioners No. 1 and 4 above named, in the event of arrest or surrender within

Patna High Court Cr.Misc. No.55013 of 2018(2) dt.08-10-2018 2/2 four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial, Magistrate, Aurangabad, in connection with Barun P.S. Case No. 64 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

So far as petitioner no. 2 and 3 are concerned, Considering the nature of allegation, the Court is not inclined to grant privilege of anticipatory bail to the petitioner No. 2 and 3. Accordingly, anticipatory bail prayer of petitioner No. 2 and 3 is hereby dismissed. However, dismissal of the anticipatory bail application will not cause prejudice to the petitioners No. 2 and 3 and in the event, the petitioners No. 2 and 3 surrender before the Court below and pray for regular bail, the Court below is hereby directed to dispose of the application for regular bail of the petitioners No.2 and 3 on the same day in accordance with law without being prejudice by this order.

(Anil Kumar Upadhyay, J) T.Kr./- U T