Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45626 of 2016 Arising Out of PS.Case No. -241 Year- 2016 Thana -HILSA District- NALANDA (BIHARSHARIFF) ===================================== Om Prakash, Son of Late Raghwendra Deo, resident of Mohalla Uttari Kushwaha Tola, Hilsa, P.S. Hilsa, DistrictNalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Krishna Pd. Singh, Sr. Adv. Mr. Sudhir Kumar, Adv.

For the Informant :Mrs. Meeta Sinha, Adv. Mr. Anil Kr. Sinha, Adv.

For the State :Mr. Chandrasen Pd. Singh, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-01-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Hilsa P.S. Case No. 241 of 2016, disclosing offences under Sections 341, 323, 354(A), 379 and 504/34 of the Indian Penal Code.

The petitioner had earlier approached this Court for grant of anticipatory bail vide Cr. Misc. No.

Patna High Court Cr.Misc. No.45626 of 2016 (2) dt.11-01-2017 2/3 41647 of 2016, which was allowed to be withdrawn on 30.09.2016.

Learned senior counsel, appearing on behalf of the petitioner, has submitted that the petitioner and his wife have been falsely implicated in this case for petty reasons. It has further been submitted that petitioner has no criminal antecedent, as stated in paragraph 3 of the application.

Learned counsel, appearing on behalf of the informant, on the other hand, has opposed the prayer for anticipatory bail.

Considering the peculiar facts and circumstances of the present case, the petitioner's prayer for grant of anticipatory bail is allowed despite the fact that he was earlier permitted to withdraw his application for grant of anticipatory bail.

This application is, accordingly, allowed. 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Hilsa P.S. Case No. 241 of 2016,

Patna High Court Cr.Misc. No.45626 of 2016 (2) dt.11-01-2017 3/3 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T