Mahesh Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42749 of 2018 Arising out of P.S. Case No.-66 Year-2018 Thana- TELHARA, District- Nalanda ======================================================

1. Mahesh Prasad,

2. Ramvilash Prasad @ Ramvilash Paswan, Both are son of Tetar Mahto, Resident of Village Kukurbar, P.S. Telhara, DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Sujata Sinha, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

At the very outset it is submitted that the petitioner no.1 has been arrested, as such, the learned counsel for the petitioner no.1 seeks permission to withdraw this application. Permission is granted and the petition is accordingly, dismissed as withdrawn against the petitioner no.1. Petitioner no.2 apprehend his arrest in connection with Telhara P.S. Case No. 66 of 2018, registered for the offences punishable under Sections 147, 341, 323, 307, 379 and 504 of the IPC.

As per F.I.R. the allegation against the petitioner no.2 is that he assaulted the husband of the informant by means of Lathi and Danda, causing injuries and also snatched Rs. 2000/-. Submission of the learned counsel for the petitioner

Patna High Court Cr.Misc. No.42749 of 2018(2) dt.24-07-2018 2/2 no.2 is that he has been falsely implicated in this case and there is a case and counter case between the parties and the injuries found on the persons, is simple in nature and the petitioner no.2 has no criminal antecedent.

Heard learned APP as well as learned counsel for the informant, who oppose the prayer for bail on the ground that injuries are grievous in nature.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner no.2, above named, in the event of his arrest or surrender be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Telhara P.S. Case No. 66 of 2018 to the satisfaction of learned A.C.J.M. Hilsa, Nalanda, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

This application is accordingly disposed of.

sudha/-sunil (Vinod Kumar Sinha, J) U T