Patna High CourtCR. MISC./72088/2018bail granted

Shambhu Prasad And ANR v. The State Of Bihar

2018-12-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72088 of 2018 Arising Out of PS. Case No.-294 Year-2018 Thana- ISLAMPUR District- Nalanda ======================================================

1. Shambhu Prasad Son of Late Jagdish Prasad,

2. Rajesh Kumar, Sonn of Late Ram Naresh Prasad, Both resident of Village- Lodipur, P.S.- Islampur, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar For the Opposite Party/s :

Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 504, 506, 307, 342, 353 of the Indian Penal Code and 27 of the Arms Act. Allegation is that the accused persons along with 5055 unknown entered in the School and started hulla, upon which police party tried to make them out of School, they started abusing and marpit with police party.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.72088 of 2018(2) dt.05-12-2018 2/2 present case. None is said to have been injured in course of occurrence. Hence, no offence under Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, Nalanda in connection with Islampur P.S. case No.294 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T