Ganesh Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17268 of 2018 Arising Out of PS.Case No. -325 Year- 2017 Thana -SIRDALA District- NAWADA ======================================================
1. Ganesh Prasad, S/o Late Brahmdeo Prasad,
2. Chunnu Prasad S/o Late Brij Prasad,
3. Munnu Prasad S/o Late Brij Prasad,
4. Mosafir Prasad S/o Shiv Charan Prasad,
5. Dipa Prasad S/o Shiv Charan Prasad, All R/o Village- Sindhaul P.S., Sirdalla, District- Nawadah.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Sirdalla P.S.Case No.325 of 2017 , registered for offences punishable under Sections 147, 148, 1447, 385, 323, 307, 325, 379, 504, 506 of the Indian Penal Code.
Allegation against the petitioner no.1 is of assault to the informant causing injury and against the petitioner nos. 2to 5 also there is allegation of assault.
Submission of the learned counsel for the petitioners is that the petitioners' side also have lodged a case against the complainant, injuries are simple in nature and so far petitioner
Patna High Court Cr.Misc. No.17268 of 2018 (3) dt.15-05-2018 2/2 nos.2 to 5 are concerned, no specific allegation has been attributed against them.
Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail. Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM Vth, Sirdalla in connection with P.S.Case no.325 of 2017 , subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T