Patna High CourtCR. MISC./61107/2017partly allowed disposal

Prabhu Sah @ Prabhu Prasad And ANR v. The State Of Bihar

2017-12-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61107 of 2017 Arising Out of PS.Case No. -577 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Prabhu Sah @ Prabhu Prasad, Son of Late Jagarnath Singh,

2. Santosh Kumar, Son of Prabhu Sah @ Prabhu Prasad, Both residents of Village- Semra Belwatiya, Police Station- Turkauliya, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Turkauliya P.S.Case No. 577 of 2017 registered under Sections 341, 323, 324, 325, 379, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Regard being had to the allegation made in the First Information Report that the petitioner no.2 Santosh Kumar assaulted the informant with kudal on his leg below the knee and the injury report produced by the learned counsel for the petitioner in course of argument clearly goes to suggest that there is corroborative injury on informant's person, I am not inclined to

Patna High Court Cr.Misc. No.61107 of 2017 (2) dt.22-12-2017 2/2 grant him pre-arrest bail. Accordingly, the application for grant of pre-arrest bail to petitioner no.2 Santosh Kumar is rejected. So far as the petitioner no.1 Prabhu Sah @ Prabhu Prasad is concerned, since there is no allegation of any overt act against him, in the event of arrest or surrender before the court below within four weeks from today, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya P.S.Case No. 577 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T