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Patna High CourtCR. MISC./41071/2015bail granted

Mankesh Prasad And ANR. v. The State Of Bihar

2015-10-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41071 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -BISHWAMBHARPUR District- GOPALGANJ ======================================================

1. Mankesh Prasad, Son of Harihar Prasad,

2. Tarachand Prasad, Son of Late Jay Mangal Prasad, Both R/o VillageRupchhap, P.S.- Bishambharpur, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagnnath Singh For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-10-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,307 and 504/34 of the Indian Penal Code.

The prosecution case is that while accused made attempt to take away the baby goat of the informant, protest was made when the petitioners assaulted with lathi and danda to the informant who was subsequently saved by the people who rushed to the place of occurrence.

It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general when one incised injury has been found on the head and other injuries are found superfluous in

Patna High Court Cr.Misc. No.41071 of 2015 (2) dt.07-10-2015 2/2 nature though all the injuries have been found to be simple. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent Considering the aforesaid facts, let the above named petitioners 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) each with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj in connection with Bishambharpur P.S. Case No. 14 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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