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Patna High CourtCR. MISC./45179/2016bail granted

Daya Nand Deo Harsh And ORS v. The State Of Bihar

2016-12-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45179 of 2016 Arising Out of PS.Case No. -151 Year- 2016 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Daya Nand Deo Harsh, Son of Mishri Ravidas.

2. Prahlad Ravidas, Son of Parmeshwar Ravida.

3. Sanjiva Ravidas, Son of Ganauri Ravidas.

4. Ganauri Ravidas, Son of Dhaka Ravidas.

5. Ramesh Ravidas, Son of Ganauri Ravidas, All are resident of VillageSargaon, Police Station- Noor Sarai, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Noor Sarai Police Station Case No. 151 of 2012 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code.

Petitioners are named in the first information report with allegation that they assaulted the informant and his brother Rahul Kumar. Para-9 of the petition goes to show that both the above stated injured sustained simple injuries, which are said to be caused by hard and blunt substance, and, admittedly, except

Patna High Court Cr.Misc. No.45179 of 2016 (2) dt.22-12-2016 2/2 sections 307 and 379 of the Indian Penal Code, all the sections are bailable in nature. So far as section 379 of the Indian Penal Code is concerned, the same appears to be super addition. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Bihar Sharif, Nalanda in Noor Sarai Police Station Case no. 151 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) N.K/- U T