Suresh Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46274 of 2018 Arising Out of PS.Case No. -310 Year- 2018 Thana -NAWADA District- NAWADA ======================================================

1. Suresh Prasad, S/o Bachchu Mahto,

2. Sunil Prasad, S/o Bachchu Mahto,

3. Yogendra Prasad, S/o Bachchu Mahto,

4. Shashi Kant Kumar, S/o Suresh Prasad, All R/o Village- Mangura, P.S.- Kadirganj, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Man Mohan Kumar,Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Kadirganj (Town) P.S. Case No.310 of 2018, registered for offences punishable under Sections 341, 448, 323, 354 (B) and 302/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is that they entered into the house of the informant and assaulted all the family members and misbehaved and they took away the son of the informant and killed him by throttling.

Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against the petitioners and moreover, earlier a case has been lodged by the petitioner No. 2 against the informant and others for misbehaving with the

Patna High Court Cr.Misc. No.46274 of 2018 (2) dt.09-08-2018 2/2 daughter of the petitioner No.2, causing her death. It is further submitted that the there is no eye witness of this case and except suspicion there is nothing incriminating against the petitioners and the petitioners have no criminal antecedents. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named on surrender or arrest within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Kadirganj (Town) P.S.Case No. 310 of 2018,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/- U T