Patna High CourtCR. MISC./3304/2016bail granted

Bhola Prasad v. The State Of Bihar

2016-01-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3304 of 2016 Arising Out of PS.Case No. -183 Year- 2015 Thana -HISUA District- NAWADA ====================================================== Bhola Prasad son of Late Tulsi Prasad .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajeev Nayan For the Opposite Party/s : Mr. Khurshid Anwar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 325, 504/34 of the Indian Penal Code.

Prosecution case is that the petitioner along with coaccused Vikash Kumar, Manish Kumar and Prakash Kumar came to the shop of the informant, abused and made assault. It is submitted by learned counsel for the petitioner that accusation of assault is by four persons but only one abrasion on the scalp of marginal size simple in nature and other swelling on the left scalpphalanx of middle finger was found fracture was located after X-ray but it is difficult to ascertain that, who caused the said injury. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. The son of

Patna High Court Cr.Misc. No.3304 of 2016 (2) dt.21-01-2016 2/2 the petitioner lodged Hisua P.S. Case No.184/2015 against the informant levelling accusation under sections 341, 323, 324, 384, 504, 379, 506/34 of the Indian Penal Code wherein the petitioners have also received injuries.

Considering the accusation being not corroborated with the medical opinion and there is counter version of the occurrence, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada in connection with Hisua P.S. Case No.183/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T