Patna High CourtCR. MISC./40574/2015disposed

Prabhu Dayal Prasad And ANR v. The State Of Bihar

2015-10-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40574 of 2015 Arising Out of PS.Case No. -73 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Prabhu Dayal Prasad Son of Late Nathuni Sah,

2. Abhishek Kumar, S/o Prabhu Dayal Prasad, Both are R/o Village - Laxmipur, P.S. - Lakhaura, District - East Champaran, Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 324, 325, 326, 420, 307, 379, 34 of the Indian Penal Code. The prosecution case is that for a dispute with regard to the parking of a tractor petitioners assaulted the informant and snatched Rs. 10,000/-.

It is submitted by learned counsel for the petitioners that for a petty dispute the accusation has been levelled. Moreover, for the occurrence of 20.12.2014, the First Information Report was registered on 09.03.2015. A statement has been made in para 8 of the petition that there is no injury report on the record.

Patna High Court Cr.Misc. No.40574 of 2015 (2) dt.01-10-2015 2/2 A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for three months on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, Motihari in connection with Moffasil(Lakhaura) P.S. Case No. 73 of 2015, G.R. No. 1068 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional anticipatory bail of the petitioners will be confirmed by learned Court below on verification of the fact that informant has not received grievous injury.

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