Nawal Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35372 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -BARACHATTI District- GAYA ======================================================

1. Nawal Prasad Son of Sahdeo Prasad @ Sahdeo Mahto

2. Baldeo Prasad Son of Kaleshwar Prasad

3. Mahesh Prasad Son of Kailash Prasad

4. Balo Prasad Son of Rambriksh Prasad

5. Prem Kumar Son of Sahadeo Prasad @ Sahdeo Mahto All are residents of Village - Neema, P.S. - Barachatti, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nikhilesh Kumar, Advocate For the Opposite Party/s : Mr. Ram Chandra Sahani(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-09-2015 It is submitted by the learned counsel for the petitioners that petitioner no. 1 namely Nawal Prasad has been arrested and his anticipatory bail application has become infructuous.

Accordingly, his anticipatory bail application is dismissed as withdrawn.

Heard learned counsel for the petitioner nos. 2 to 5 and the State.

The petitioner nos. 2 to 5 are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504 of the Indian Penal Code.

The prosecution case is that the petitioners

Patna High Court Cr.Misc. No.35372 of 2015 (2) dt.03-09-2015 assaulted the informant and one Md. Sabbir.

It is submitted by the learned counsel for the petitioner nos. 2 to 5 that the injury report of Md. Sabbir is not on record, whereas the injury of informant suggests low back pain. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner nos. 2 to 5 be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati in connection with Barachatti P.S. Case No. 78 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T