Munindra Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.5003 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5003 of 2018 Arising Out of PS.Case No. -63 Year- 2017 Thana -PURANHIA District- SHEOHAR ======================================================

1. MUNINDRA PRASAD S/o Late Shaligram Sah, R/o Village- Bashant Patti, P.S.- Puranhia, District- Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-02-2018 Heard both sides.

The petitioner apprehends his arrest in Puranhia P.S. Case No.63 of 2017 registered under Sections 307 and other Sections of the Indian Penal Code.

One Kishan Das was injured in road accident and he died during the course of treatment. The villagers assembled and blocked the road. It is alleged that the mob pelted stones. The petitioner is alleged to have assaulted Ramesh Chandra Sharma, constable. There is no injury of Ramesh Chandra Sharma in the entire case diary. He was not even medically examined. On similar allegation, Rajesh @ Bhardul Sah @ Rajesh Sah has been granted anticipatory bail vide order passed in Cr. Misc. No.61816 of 2017 and Kamlesh Sharma has also been granted anticipatory bail vide

Patna High Court Cr.Misc. No.5003 of 2018 (2) dt.01-02-2018 order passed in Cr. Misc.58324 of 2017.

The petitioner is alleged to have assaulted a constable, Ramesh Chandra Sharma but no injury was found on the person of Ramesh Chandra Sharma. It is submitted that Ramesh Chandra Sharma was not even medically examined and there is no injury report of Ramesh Chandra Sharma in the entire case diary. Considering the facts aforesaid and the fact that similarly situated co-accused namely Kamlesh Sharma and Rajesh @ Bhardul Sah @ Rajesh Sah have already been enlarged on anticipatory bail, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sheohar in connection with Puranhia P.S. Case No.63 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T