Kanchan Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63385 of 2018 Arising Out of PS. Case No.-61 Year-2016 Thana- PANAPUR District- Saran ====================================================== Kanchan Prasad Son of Amrika Prasad Resident of Village-Totaha Jagatpur, Police Station-Panapur,Distt.-SaranChapra ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachida Nand Rai For the Opposite Party/s :
Mr.Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2019 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,307,427 504 and 506 of the IPC. The prosecution case, as per the Fardbeyan of Pankaj Prasad recorded by SHO, Panapur on 25.05.2016 at PHC, Panapur is to the effect that the maternal aunt of the informant Parwati Devi had some dispute with her agnates and for that a panchayati was going on. In the meantime, four accused persons, including the petitioner, came armed with iron rod and attacked the informant's side. It is further alleged that petitioner
Patna High Court Cr.Misc. No.63385 of 2018(4) dt.17-01-2019 2/3 Kanchan Prasad, Dharmendra Kumar and Vijay Kumar assaulted the informant indiscriminately causing head injury. The accused persons also damaged the Bolero vehicle which was parked there.
It is submitted by learned counsel for the petitioner that the accusation has been levelled in the background of land dispute. The accusation of assault has been levelled against three persons, but two injuries have been found which are simple in nature.
Learned APP after going through the case diary submits that two simple injuries have been found on the body of the informant.
Considering the accusation being partially corroborated by the medical opinion, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/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 like amount each to the satisfaction of learned ACJM-IV, Chapra in connection with Panapur P.S. Case No. 61 of 2016, subject to the condition as
Patna High Court Cr.Misc. No.63385 of 2018(4) dt.17-01-2019 3/3 laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Ashwini/- U T