Jawahar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38656 of 2015 Arising Out of PS.Case No. -60 Year- 2015 Thana -JAMALPUR District- DARBHANGA ======================================================

1. Jawahar Prasad Singh Son of late Nirbhay Narayan Singh resident of Goda Man Singh, P.s Jamalpur (Badgaon), O.P. district Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Shekhar For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,324,307,379 and 504 of the Indian Penal Code.

The prosecution case is that on 18.5.2015 near Ramjanki temple, the petitioner and others assaulted the son of the informant when the informant went to rescue, co accused Saroj Kumar Singh assaulted with iron rod causing injury on the head of the informant. It is further alleged that co accused Manohar Singh took out three thousand nine hundred sixty rupees from the pocket of the informant whereas co accused Chintu Singh snatched gold chain and fifty two thousand rupees from the pocket of

Patna High Court Cr.Misc. No.38656 of 2015 (2) dt.28-09-2015 2/2 informant's son.

It is submitted by the learned counsel for the petitioner that the accusation of assault is not levelled against the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that the informant side assaulted the brother of the petitioner for which Jamalpur P.S. Case No. 68 of 2015 and subsequently the brother of the petitioner succumbed to the injury when section 302 IPC was added.

Considering the fact that there is no specific accusation against the petitioner, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with Jamalpur P.S. Case No. 60 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T