Yogendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 32215 of 2019 Arising Out of PS. Case No.-170 Year-2016 Thana- EKMA District- Saran ====================================================== 1.

Yogendra prasad Son of Late Guru Prasad Resident of Village-Gajiyapur, P.S.-Ekma, District-Saran at Chapra.

2.

Vishwa Ranjan Kumar Son of Satyendra Prasad Resident of VillageGajiyapur, P.S.-Ekma, District-Saran at Chapra. 3.

Abhinesh Kumar @ Abhinash Kumar Son of Nand Kumar Prasad Resident of Village-Gajiyapur, P.S.-Ekma, District-Saran at Chapra. 4.

Nand Kumar Prasad Son of Hira Lal Prasad Resident of Village-Gajiyapur, P.S.-Ekma, District-Saran at Chapra.

5.

Sandesh Kumar Son of Yogendra Prasad Resident of Village-Gajiyapur, P.S.- Ekma, District-Saran at Chapra.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Nawnit Kumar Tiwary, Advocate For the Opposite Party :

Mr.Bhanu Pratap Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379/307 of the Indian Penal Code.

Informant alleges that the petitioners and other accused persons abused and assaulted him with fists and slaps. Petitioner no.3 is alleged to have taken away Rs.3 lacs, whereas petitioner no. 1 snatched golden chain from the informant. Learned counsel for the petitioners submits that the allegations levelled against the petitioners are false as the instant case is in fact offshoot of a case already filed by co-accused Sumit Kumar @ Naveen Kumar against the informant and his associates. Learned counsel submits that petitioner no.2 to 5

Patna High Court CR. MISC. No. 32215 of 2019(3) dt.24-07-2019 2/2 have got no criminal antecedent, whereas only one case, mentioned in paragraph 3 of the bail petition, is pending against petitioner no.1 in which he is on bail.

Considering the facts of the case, let all the five petitioners, above named, in the event of their arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 the Additional Chief Judicial Magistrate-I, Saran at Chapra in Ekma Police Station Case No. 170 of 2016, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioners.

(Prabhat Kumar Singh, J) Shashi U T