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Patna High CourtCR. MISC./46358/2019bail granted

Mahesh Prasad v. The State Of Bihar

2019-07-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46358 of 2019 Arising Out of PS. Case No.-534 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== 1.

MAHESH PRASAD Son of Late Babulal Prasad Resident of Village - Bari Tola, P.S.- Bettiah Muffasil, Dist.- West Champaran. 2.

Bihari Prasad Son of Late Ramlal Mahto Resident of Village - Bari Tola, P.S.- Bettiah Muffasil, Dist.- West Champaran. 3.

Mannu Raut @ Mannu Kumar @ Manrat Mahto Son of Sri Prem Raut Resident of Village - Bari Tola, P.S.- Bettiah Muffasil, Dist.- West Champaran.

4.

Shatrughan Prasad Son of Sri Mahesh Prasad Resident of Village - Bari Tola, P.S.- Bettiah Muffasil, Dist.- West Champaran. 5.

Ranjan Kumar @ Ranjan Yadav Son of Sri Siyaram Prasad Resident of Village - Bari Tola, P.S.- Bettiah Muffasil, Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bettiah Muffasil P.S. Case No. 534 of 2018, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code.

It is evident from the First Information Report that there was clash between the two communities on the alleged date of occurrence.

Patna High Court CR. MISC. No.46358 of 2019(2) dt.26-07-2019 2/2 Learned counsel for the petitioners has submitted that there is general and omnibus allegation of assault against all the persons named in the F.I.R.

Considering the general and omnibus nature of allegation, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned C.J.M., West Champaran at Bettiah in Bettiah Muffasil P.S. Case No. 534 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T