Ramesh Prasad Chaurasia @ Ramesh Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.621 of 2018 Arising Out of PS.Case No. -205 Year- 2016 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramesh Prasad Chaurasia @ Ramesh Chaurasia, S/o Late Ramjeet Bhagat, resident of Village- Mairwatola, P.S.- Adapur (Nakardei), District- East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks pre-arrest bail in connection with Adapur (Nakardei) P. S. Case No.205 of 2016 registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 447 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that there is case and counter case in which both sides sustained injuries. He submitted that one Rambabu Prasad @ Rambabu Chaurasia having exactly identical allegation to that of the petitioner has already been granted pre-arrest bail by a co-ordinate Bench of this Court vide order dated 21.09.2017 passed in Cr. Misc. No. 42990 of 2017.

Patna High Court Cr.Misc. No.621 of 2018 (2) dt.12-01-2018 2/2 Learned Additional Public Prosecutor for the State opposed the prayer for grant of pre-arrest bail to the petitioner. However, he admitted that the case of Rambabu Prasad @ Rambabu Chaurasia, who has already been granted pre-arrest bail by this Court vide order dated 21.09.2017 passed in Cr. Misc. No. 42990 of 2017, as contained in Annexure-4 to the present application, stands on identical footing to that of the petitioner.

In view of the submissions made above and the reasons assigned in the order dated 21.09.2017 passed in Cr. Misc. No. 42990 of 2017, the petitioner named above is directed to 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 Chief Judicial Magistrate, East Champaran at Motihari in Adapur (Nakardei) P. S. Case No.205 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T