Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41013 of 2015 Arising Out of PS.Case No. -193 Year- 2014 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Shankar Prasad son of Late Janardan Prasad resident of village Bajitpur P.S. Makhdumpur District Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sanjay Kr. Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-10-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 323, 307, 504 and 379 of the Indian Penal Code. It is alleged that the accused persons including the petitioner came variously armed, surrounded the informant and indiscriminately assaulted the informant on his nose and head. It is specifically alleged that co-accused Shashi Kumar resorted to fire in air when Kapil Yadav, Vikash Kumar, Sonamatiya Devi and Devraj Kumar came to rescue the informant then they were also assaulted and gold chain of the informant was snatched.

Patna High Court Cr.Misc. No.41013 of 2015 (2) dt.06-10-2015 2/2 It is submitted by learned counsel for the petitioner that the accusation of assault is omnibus and general and only one injury of the informant on the right parietal region has been found to be grievous.

Considering omnibus and general accusation of assault other accused persons have been granted anticipatory bail vide Cr. Misc. Nos. 12567 of 2015, 22406 of 2015 and 23348 of 2015 and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 193 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T