Ramswaroop Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52631 of 2015 Arising Out of PS.Case No. -217 Year- 2013 Thana -FATEHPUR District- GAYA ======================================================
1. Suresh Prasad son of Late Naraya Prasad, Resident of village- Karma, P.S.- Fatehpur, District- Gaya.
.... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.52740 of 2015 Arising Out of PS.Case No. -217 Year- 2013 Thana -FATEHPUR District- GAYA ======================================================
1. Ramswaroop Prasad son of late Bisheshwar Prasad, Resident of village - Bakhari, P.S. - Fatehpur, District - Gaya.
.... .... Petitioner
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.52631 of 2015) For the Petitioner/s : Mr. Aditya Narayan Singh-I, Advocate Mr. Virendra Kumar Ray, Advocate For the Informant : Mr. Dhramveer, Advocate (In Cr.Misc. No.52740 of 2015) For the Petitioner/s : Mr. Aditya Narayan Singh-I, Advocate Mr. Virendra Kumar Ray, Advocate For the Informant Mr. Dhramveer, Advocate For the State : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 15-12-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in Fatehpur P.S. Case No. 217/2013 registered under Sections 147, 148, 149, 342, 307, 302, 450 and 452 of the Indian Penal Code , U/s 27 of the Arms Act and 3/4 of the Explosive Substance Act.
Patna High Court Cr.Misc. No.52631 of 2015 (2) dt.15-12-2015 2 / 2 It is contended on behalf of the petitioners that as per allegation set out in the First Information Report, the petitioner Suresh Prasad had thrown bomb whereas Ramswaroop Prasad is the order giver. It is contended that allegation is that Suresh Prasad and Ashok Kumar@ Ashok Kumar Nirala had also thrown bomb but while granting bail to the aforesaid Ashok Kumar by a Bench of this Court vide order dated 11.04.2014 passed in Cr. Misc. No.49102/2013, has considered the fact that, as per the case diary, no remains of the bomb were found and there is no splinter injury on anybody. The co-accused and the petitioner Ram Swaroop Prasad are alleged to be order-giver only.
Having regard to the facts and the circumstances of the case, the petitioners, namely, Suresh Prasad (in Cr. Misc.No. 52631 of 2015) and Ramswaroop Prasad (in Cr.Misc.No.52740 of 2015) are directed to be released on bail on furnishing their bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Fatehpur P.S. Case no.217 /2013. (Dr. Ravi Ranjan, J) Lata/- U T