Kamal Kishor Prasad @ Kamal Kishor Verma @ Krishna Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76329 of 2018 Arising Out of PS. Case No.-182 Year-2017 Thana- DHURAIYA District- Banka ======================================================

1. Kamal Kishor Prasad @ Kamal Kishor Verma @ Krishna Kumar and Ors Son of Sachidanand Prasad,

2. Amar Prasad @ Amresh Kumar, Son of Late Sadho Prasad,

3. Ramesh Kumar, Son of Jai Shankar Prasad All Resident of Bazar, Bastsar, P.S. Dhoraiya, District-Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Chandra Jha, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2019 Heard the parties.

The petitioners seek anticipatory bail in connection with Dhoraiya P.S.Case No. 182 of 2017, G.R. No. 2921 of 2017, registered for offences punishable under Section 341, 323, 308, 504 and 506/34 of the Indian Penal Code. Allegation as per FIR is against the petitioner No. 1 is of assault to the informant with iron rod and petitioner No.3 snatched the silver chain of the informant, causing injuries on her head.

Submission of the learned counsel for the petitioners is that they are innocent and have falsely been implicated in this case and all the injuries are simple in nature and the petitioners

Patna High Court Cr.Misc. No.76329 of 2018(3) dt.29-01-2019 2/2 have no criminal antecedents. Further submission of the learned counsel for the petitioners is that petitioners have not misuse the privilege of bail, granted to them by police under section 41 of the Cr.P.C.

Learned A.P.P. opposes the prayer for bail.

In view of allegation against the petitioner, above named, I am not inclined to grant bail to the petitioner. Rather the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court considering the fact that they have been granted benefit of Section 41 Cr. P.C. and they have not misuse the same, if possible on same day.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) sudha/- U T