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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48700 of 2017 Arising Out of PS. Case No.-420 Year-2016 Thana- DHANARUA District- Patna ======================================================

1. Ashok Prasad @ Ashok Kumar, S/o Chhotu Prasad,

2. Arun Prasad, son of Ramjatan Prasad

3. Jawahir Prasad, son of Ramjatan Prasad

4. Dharamvir Prasad @ Dharamvir Kumar, son of Ramjatan Prasad,

5. Siman Prasad, S/o Late Ragho Prasad, All R/o Village- Sigrampur, P.S.- Dhanarua, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gauri Shankar Prasad For the Opposite Party/s :

Mr. R. B. Roy 'Raman'

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dhanarua Police Station Case No. 420 of 2016, disclosing offences under Sections 147, 148, 149, 447, 448, 427, 341, 323, 324, 307, 380, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation in the First Information Report is against one Rajdeo Prasad, who is said to have opened fire, which caused injury in the informant's chest. The occurrence is said to have taken place because the accused persons wanted the informant to vacate the premises where he was living. Learned Counsel, appearing on behalf of the petitioners, has submitted that the entire allegation stands belied in view of

Patna High Court Cr.Misc. No.48700 of 2017(2) dt.10-11-2017 2/2 the injury report, from which it appars that the injury upon the informant has been found to have been caused by hard and blunt substance.

Considering the above submissions, this application is allowed.

Let the petitioners, namely, Ashok Prasad @ Ashok Kumar, Arun Prasad, Jawahir Prasad, Dharamvir Prasad @ Dharamvir Prasad and Siman Prasad, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Masaurhi, in connection with Dhanarua Police Station Case No. 420 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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

Prabhakar Anand/- (Chakradhari Sharan Singh, J) U √ T √