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Patna High CourtCR. MISC./21740/2018disposed

Narendra Kumar @ Narendra Prasad And ORS v. The State Of Bihar

2018-05-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21740 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -RAJAULI District- NAWADA ======================================================

1. Narendra Kumar @ Narendra Prasad,

2. Kuldeep Prasad @ Sanjeet Kumar @ Kuldeep Both Sons of Nagina Prasad,

3. Nagina Prasad S/o Late Parmeshwar Yadav,

4. Arvind Prasad,

5. Upendra Prasad @ Upendra Prasad Yadav Both Sons of Late Babulal Prasad,

6. Pradeep Kumar @ Guddu, S/o Pyare Prasad Yadav, All R/o Vill.- Laxmibigha, P.S.- Rajauli, District- Nawadah. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek anticipatory bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The petitioner No. 1 Narendra Prasad allegedly caused injury with Gadansa at the head of the informant. The Doctor has found simple injury, caused by hard and blunt substance. Since Narendra Prasad had knowledge that his act might cause death, I am not inclined to enlarge the petitioner No. 1, named above, on anticipatory bail. Hence, his prayer for

Patna High Court Cr.Misc. No.21740 of 2018 (4) dt.29-05-2018 anticipatory bail stands refused.

Other petitioners have got general and omnibus allegation of commission of assault with Lathi on the non-vital part of the body. There is case and counter case between the parties.

Accordingly, let petitioner Nos. 2 to 6 namely, Kuldeep Prasad @ Sanjeet Kumar @ Kuldeep, Nagina Prasad, Arvind Prasad, Upendra Prasad @ Upendra Prasad Yadav and Pradeep Kumar @ Guddu in the event of their surrender before the court below within a period of 30 days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Rajauli P.S. Case No. 12 of 2018, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation and trial of the case, failing which, the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) A.K.V./- U T