Patna High CourtCR. MISC./43355/2018bail granted

Umesh Prasad And ORS v. The State Of Bihar

2018-07-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43355 of 2018 Arising out of P.S. Case No.-190 Year-2018 Thana- BIHIYA, District- Bhojpur ======================================================

1. Umesh Prasad, son of Dashrath Prasad.

2. Abhishek Prasad, son of Dashrath Prasad.

3. Bishwanath Prasad, son of Late Chhathu Prasad, All resident of Village- Ramdihara, Police Station- Bihiya, District- Bhojpur. ... ... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arun Kumar Pandey, Advocate For the Opposite Party/s :

Smt. Gulnar Begam, AP.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Bihiya, P.S. Case No. 190 of 2018, registered for offences punishable under Sections 341, 323, 325, 307, 379/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is of assault by one co-accused Chhotak Prasad @ Sanjay with rod on the head of the informant, causing injuries. Submission of the learned counsel for the petitioners is that the petitioners have falsely been implicated in the present case. From perusal of the F.I.R, it appears that allegation against the petitioners are general and omnibus and no offence under Section 307 of the IPC is made out against the petitioners. Learned A.P.P. opposes the prayer for bail.

Patna High Court Cr.Misc. No.43355 of 2018(3) dt.24-07-2018 2/2 Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Bihiya P.S. Case No. 190 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate -Vth, Bhojpur at Ara, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) sudha/-S.Shukla U T