Parmod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47060 of 2016 Arising Out of PS.Case No. -81 Year- 2016 Thana -THARTHARI District- NALANDA (BIHARSHARIFF) ====================================================== Parmod Kumar, s/o Shree Ram Naresh Prasad @ Naresh Prasad, Resident of Village - Tribhuvan Bigha, Police Station - Tharthari, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate. For the Opposite Party/s : Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Tharthari P.S. Case No. 81 of 2016 registered under Sections 147, 148, 149, 504, 323, 324, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that, on 24.07.2016, when informant along with two others had gone to his field for ploughing then nine persons named in the F.I.R. including the petitioner came there armed with rifle, gun, lathi and danda and started to abuse and also started firing. At that time, Dulli Prasad and Ajay Prasad made complain about cutting ridge of their field. On seeing firing,

informant and others started to flee away then on the order of Dulli Prasad, Ravindra Prasad shot fire at Anjani Prasad through pistol, who fell down. In the meantime, Kameshwar Prasad, father of the informant, rushed to save him then Ajay Prasad shot fire at him through rifle. In that course, informant and one Guddu Prasad also sustained injury through lathi and Danda. Learned counsel for the petitioner submits that while petitioner is named in the F.I.R. along with eight others but the specific allegation is against accused, Ravindra Prasad, causing firearm injury at Anjani Prasad through pistol on the order of accused Dulli Prasad with further allegation against accused, Ajay Prasad, causing firearm injury at Kameshwar Prasad, father of the informant. The allegation against the petitioner is general and omnibus to cause injury.

It is further submitted that petitioner is the student of B.A. and has no criminal antecedent. Considering the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 the Additional Chief Judicial Magistrate, Hilsa (Nalanda) in connection with Tharthari P.S. Case No.

2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T