Patna High CourtCR. MISC./15095/2016disposed

Surendra Prasad And ANR v. The State Of Bihar

2016-04-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15095 of 2016 Arising Out of PS.Case No. -208 Year- 2015 Thana -SIRDALA District- NAWADA ======================================================

1. Surendra Prasad

2. Lakhan Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2016 Learned counsel for the petitioner seeks permission to withdraw this application in respect of petitioner No.2, Lakhan Prasad, on the ground that petitioner No.2 has been arrested. This application for anticipatory bail, so far it relates to petitioner No.2, is permitted to be withdrawn. Heard learned counsels for the petitioner No.1 and the State.

The petitioner No.1 is apprehending arrest in a case registered for the offences punishable under Section.341, 323, 354(A), 504, 506/34 of the Indian Penal Code and under section 3(1)(x) of the SC/ST Act.

The prosecution case is that the petitioner and others assaulted the informant with fists and threatened not to lodge the case.

Patna High Court Cr.Misc. No.15095 of 2016 (2) dt.12-04-2016 2/2 It is submitted by the learned counsel for the petitioner that on 01.09.2015 and on 14.10.2015 informatory petition Nos. 1397 of 2015 and 1612 of 2015 were filed by the petitioner's side against the informant and thereafter the present case was lodged on 25.10.2015. The accusation is not corroborated by the injury report as only swelling has been found on the informant. Mr. Ambika Bhagat, learned Spl. P.P. submits that the assault was made in public place.

Considering the nature of accusation and the informatory petitions, let the petitioner No.1, namely, Surendra Prasad be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Nawada in connection with Sirdala P.S. Case No. 208 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T