Sumant Kumar @ Sumant Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 12514 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Sumant Kumar @ Sumant Prasad Son of Arjun Prasad

2. Chunnu Prasad, Son of Late Kailash Prasad

3. Karu Prasad, Son of Tunni Prasad All are residents of Nekpur, P.S. Chhabilapur, Dist.-Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms Soni Shrivastava, Advocate For the S t a t e : Mr Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2017 The petitioners are apprehending their arrest in connection with Chhabilapur Police Station Case No 51 of 2016 registered for offences punishable under Sections 147, 148, 149, 302 & 120B of the Indian Penal Code.

It is submitted on behalf of the petitioners that there is no allegation of assault to the deceased on the petitioners rather the allegation of assault is on Arjun Prasad and there is case and counter case between the parties.

Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, let the petitioners, above named, in the event of

Patna High Court Cr.Misc. No.12514 of 2017 (2) dt.27-03-2017 2/2 arrest or surrender before the Court below within a period of six weeks, 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 Chief Judicial Magistrate, Nalanda in connection with Chhabilapur Police Station Case No 51 of 2016 subject to conditions 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.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) M.E.H./- U T