Babu Nand Rai @ Babu Nand Prasad v. The State Of Bihar
Patna High Court Cr.Misc. No.37944 of 2015 (2) dt.17-09-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37944 of 2015 Arising Out of PS.Case No. -96 Year- 2015 Thana -GARKHA District- SARAN ====================================================== Babu Nand Rai @ Babu Nand Prasad S/o Late Sabhapati Rai R/o village - Mubarakpur, P.S. Garkha, District - Saran at Chapra .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Binod Singh For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-09-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Garkha P.S.Case No.96 of 2015, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.
Mr. Bindhyachal Singh, learned counsel appearing on behalf of the petitioner has submitted that for the same occurrence case and counter case has been filed and injuries have been found on the persons of both sides. He further submits that the injuries have been found to be simple in nature and so far this petitioner is concerned, who is aged about 70 years, there is no allegation of assault and the only allegation against him is that he
Patna High Court Cr.Misc. No.37944 of 2015 (2) dt.17-09-2015 was standing at the place of occurrence.
In view of the submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra in connection with Garkha P.S.Case No.96 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) B.Kr./- U T