Nageshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31192 of 2022 Arising Out of PS. Case No.-274 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

NAGESHWAR PRASAD Son of Pragas Mahto Resident of VillageDakhinganwa, P.S.-Wazirganj, District-Gaya. 2.

Balmiki Kumar Nageshwar Prasad Resident of Village-Dakhinganwa, P.S.- Wazirganj, District-Gaya.

3.

Upendra Kumar @ Upendra Kumar Son of Nageshwar Prasad Resident of Village-Dakhinganwa, P.S.-Wazirganj, District-Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-01-2023 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as Sri. Shailendra Kumar, the learned APP for the State. The petitioners apprehend their arrest in connection with Wazirganj P.S. Case No. 274 of 2020, registered for the offences punishable under Sections 307, 120(B), 34 of the Indian Penal Code and section 27 of the Arms Act. Learned counsel for the petitioners has submitted that though there is allegation of opening fire on the person of Chandan Kumar but the injury report does not corroborate the

Patna High Court CR. MISC. No.31192 of 2022(3) dt.09-01-2023 2/2 allegation. The injury report shows that Chandan Kumar sustained simple injuries caused by hard and blunt substance. Learned counsel for the petitioner has also submitted that on similar footing co-accused Upendra Kumar @ Upendra Kumar Verma has been granted anticipatory bail vide order dated 30.11.2022 in Cr. Misc No. 36102/2022.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Gaya in connection with Wazirganj P.S. Case No. 274 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T