Birendra Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.14700 of 2015 (3) dt.07-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14700 of 2015 Arising Out of PS.Case No. -42 Year- 2013 Thana -SIRDALA District- NAWADA ====================================================== Anandi Prasad Son of Sri Mahabir Prasad Yadav resident of village - Kosmatari, P.S. Sirdala, Distt. - Nawada .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party.

====================================================== WITH Criminal Miscellaneous No.18123 of 2015 Arising Out of PS.Case No. -42 Year- 2013 Thana -SIRDALA District- NAWADA ====================================================== Birendra Prasad son of Sri Yamuna Prasad resident of village- Koshmatari, P.S. Sirdala, District- Nawada.

.... .... Petitioner

Versus

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

(In Cr.Misc. No.14700 of 2015) For the Petitioner : Mr. Kumar Manglam, Advocate. For the State : Mr. Narendra Kr. Singh, A.P.P. (In Cr.Misc. No.18123 of 2015) For the Petitioner : Mr. Kumar Manglam, Advocate. For the State : Mr. Abhay Kumar 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 07-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.

Two bail petitions are being heard together and disposed of by common order as two cases arise in connection with Sirdala P.S. Case No. 42 of 2013, G.R. No. 638 of 2013 registered under Sections 341, 323, 307, 379/34 and 302 of Indian Penal Code. It is alleged that petitioner namely, Anandi Prasad gave Khanti blow upon Tulsi Devi and Galsi Devi. However, injury

Patna High Court Cr.Misc. No.14700 of 2015 (3) dt.07-08-2015 report is stated to be simple in nature. Further, the petitioner, namely, Birendra Prasad, gave Tangi blow on the head of brother of the informant and injury report shows six injuries have been mentioned and there is one fracture 5/1/4"x2/1/2" on parietal area and extra dural haematoma.

Having regard to the facts and circumstances of the case, the petitioner, namely, Anandi Prasad in Cr.Misc. No. 14700 of 2015 is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Sirdala P.S. Case No. 42 of 2013. So far petitioner, namely, Birendra Prasad, in Cr. Misc. no. 18123 of 2015, I am not inclined to grant bail to this petitioner. Accordingly, his prayer for bail is hereby rejected. m.p.

(Gopal Prasad, J) U T