Suresh Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18811 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -ROSHANGAANJ District- GAYA ======================================================
1. Suresh Prasad, Son of Mahadev Prasad
2. Uday Prasad
3. Manoj Prasad
4. Prem Prasad All Sons of Shivnandan Prasad
5. Girija Prasad, Son of Mahadev Prasad
6. Arun Kumar, Son of Girija Prasad.
7. Jitendra Kumar, Son of Late Kamlesh Prasad. All are resident of Village - Kubri, P.S. Raushanganj, District - Gaya.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2017 The petitioners are apprehending their arrest in connection with Raushanganj P.S. Case No. 100 of 2016, registered for offences punishable under Sections 147, 148, 143, 341, 323, 308, 325, 504, 506 and 379 Indian Penal Code. Petitioners are named in the F.I.R and allegation against them is that they assaulted the informant and others. It has been submitted on behalf of the petitioner that only general and omnibus allegations have been levelled against these petitioners and specific allegation of assault has been attributed to other co-accused persons of this case. It has further been submitted that there is land dispute between the parties, which is apparent
Patna High Court Cr.Misc. No.18811 of 2017 (2) dt.08-05-2017 2/3 from the F.I.R itself. It has further been submitted that petitioners have no criminal antecedents, which has been stated on oath by learned counsel for the petitioner in para -3 of the bail application. Learned counsel for the State also could not controvert the above submission of learned counsel for the petitioner.
Having heard both sides, considering the facts and circumstances of the case, nature of allegation and also that petitioners have no criminal antecedents and no specific allegation of overt act has been alleged against them, as such, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Sherghati, Gaya in connection with Raushanjganj P.S. Case No. 100 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the
Patna High Court Cr.Misc. No.18811 of 2017 (2) dt.08-05-2017 3/3 investigation and make themselves available as and when required by the police and on the event of failure on their part two appear before the police on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T