Braj Nandan Prasad @ Brij Nandan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40773 of 2018 Arising Out of PS.Case No. -69 Year- 2018 Thana -KARJA District- MUZAFFARPUR ====================================================== Braj Nandan Prasad @ Brij Nandan Prasad, S/o Ramyash Mahto, R/o Vill.- Panapur Akhtiyarpur, P.S.- Karza, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K, Advocate. For the informant : Mr. Praveen Prabhakar, Advocate. Mr. Sanjay Kr. Jha, Advocate.

For the Opposite Party/s : Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner apprehends his arrest in Karza P.S. Case No. 69 of 2018 instituted for the offence under Sections 147, 148, 341, 323, 307, 353, 427 and 504 of the Indian Penal Code. Learned counsel for the petitioner has submitted that in the written report there is specific allegation against co-accused Bharat Kumar of assaulting the informant with iron rod, causing injury to him. There is general and omnibus allegation against he petitioner.

Learned counsel for the informant has appeared and opposed the prayer for anticipatory bail of the petitioner.

Patna High Court Cr.Misc. No.40773 of 2018 (2) dt.16-07-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Karza P.S. Case No. 69 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 2nd (West), Muzaffarpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- Rohit Kr.

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