Patna High CourtCR. MISC./21898/2016partly allowed disposal

Om Prakash And ORS. v. The State Of Bihar

2016-05-23Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 21898 of 2016 Arising Out of PS.Case No. -134 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Om Prakash Son of Umesh Thakur

2. Guddu Kumar Son of Ram Narain Thakur

3. Ranjit Kumar son of Shyam Narian Thakur All residents of VillagePachrukhee, Police Station- Lalganj, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sinha For the Opposite Party/s : Mr. Lalan Kumar (App) ====================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 23-05-2016 The petitioners apprehend arrest in relation to Lalganj Police Station (PS) Case No 134 of 2015 instituted under Sections 307, 379 and some other Sections of Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the allegation in the first information report (FIR) is that the informant had come to invite the accused persons to attend a Barat. The accused persons refused on which there was a dispute which had led to the filing of the present case.

Having perused the FIR, there is direct allegation of assault in respect of petitioner No 1 Om Prakash on one Vijay Kumar who allegedly suffered a fracture.

Patna High Court Cr.Misc. No.21898 of 2016 (2) dt.23-05-2016 2/2 Be that as it may, considering the facts and circumstances aforesaid, prayer for bail on behalf of Om Prakash, in anticipation of his arrest, is rejected.

He may surrender before the Court below within a period of four weeks from today and pray for regular bail and if he does so, his prayer for bail shall be considered on its own merit without being prejudiced by this order.

So far as petitioner No 2 Guddu Kumar and petitioner No 3 Ranjit Kumar are concerned, in the event of their arrest or surrender within a period of four weeks from today, they shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Lalganj PS Case No 134 of 2015 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Navaniti Prasad Singh, J) M.E.H./- U T