Jitendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47724 of 2022 Arising Out of PS. Case No.-82 Year-2022 Thana- CHENARI District- Rohtas ====================================================== 1.

JITENDRA PRASAD 2.

Yogeshwar Prasad Both sons of Nirmal Prasad R/o village- Bilashpur, P.S.- Chenari, DistrictRohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-01-2023 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Chenari P.S. Case No.82 of 2022 instituted under Sections 341,323,307,504,506 & 34 of the IPC.

As per the prosecution story, the accused persons armed variously attacked the informant's side and allegation against the petitioner Yogeshwar Prasad is that he was one of the person who hit on the head of the informant's brother causing injury to him and Jitendra Prasad assaulted the son of the informant.

Learned counsel for the petitioners submit that although there is allegation of assault by the two petitioners, as

Patna High Court CR. MISC. No.47724 of 2022(2) dt.04-01-2023 2/2 per the injury report which is part of the present petition the same have been found to be simple in nature.

Learned APP on the other hand opposes the prayer for anticipatory bail stating that there is allegation of assault. Taking into account the fact that the petitioners are young boys of 18-19 years of age, they are doing their graduation courses, none of them are having criminal antecedents and although there is allegation of assault, as per the injury report, the same have been found to be simple in nature, this Court is inclined to grant them relief.

Let the petitioners be released on bail, in the event of their arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Chenari P.S. Case No.82 of 2022 to the satisfaction of learned A.C.J.M., IInd-cum-Sub-Judge,Xth, Sasaram, Rohtas, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan /- U T