Shyam Kishore Prasad @ Shyam Prasad @ Shyamu Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3315 of 2017 Arising Out of PS.Case No. -114 Year- 2016 Thana -ROHTAS District- SASARAM (ROHTAS) ======================================================

1. Shyam Kishore Prasad @ Shyam Prasad @ Shyamu Prasad, S/o Late Munshi Sah,

2. Ramu Prasad, S/o Late Munshi Sah, both are resident of villagePathkhaulia, P.S.- Rohtas, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 28-03-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Rohtas P.S. Case No.114 of 2016 instituted for the offence under Section(s) 147, 148, 149, 323, 341, 325, 302, 307 Indian Penal Code and 3⁄4 of Witch Practice Act.

It has been submitted that this case is counter blast of Rohtas P.S. Case No.116 of 2016 filed under Section 302/34 Indian Penal Code by co-accused, Nandan Kishore Prasad, against the informant and other family members in which father of these petitioners was murdered.

In the instant case, from the written report, it appears that there is general and omnibus allegation against these

Patna High Court Cr.Misc. No.3315 of 2017 (3) dt.28-03-2017 2/2 petitioners that they assaulted the informant and his mother. It has been submitted that some other co-accused with similar allegation has been granted anticipatory bail by a coordinate Bench of this Court by order dated 22.12.2016 passed in Cr. Misc. No.46601 of 2016.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Rohtas P.S. Case No.114 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Dehri, Rohtas, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Sanjay Priya, J) JA/- U T