Birendra Prasad v. The State Of Bihar
Patna High Court Cr.Misc. No.2276 of 2017 (2) dt.14-02-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2276 of 2017 Arising Out of PS.Case No. -553 Year- 2013 Thana -KOTWALI District- PATNA ======================================================
1. Birendra Prasad, Son of Sri Ganesh Prasad, Resident of Village- Lodipur, Police Station- Garaul, District- Vaishali & E.S.E. Vidyut Supply Circle, Darbhanga and President PESEA.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suraj Narain Yadav For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Kotwali Police Station Case No. 553 of 2013, disclosing offences under Sections 147, 148, 149, 323, 341, 307, 342, 325, 323, 353, 452 of the Indian Penal Code.
Learned Counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. The main allegation of assault on the forehead with iron rod is attributed to co-accused Babue Lal Yadav, who has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 1914 of 2017. Moreover, co-accused, Shiva Shankar
Patna High Court Cr.Misc. No.2276 of 2017 (2) dt.14-02-2017 Pandey, having more or less similar allegation, has also been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 11245 of 2016. Hence, the petitioner also deserves the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, in connection with Kotwali Police Station Case No. 553 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T