Rajendra Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35864 of 2018 Arising Out of PS.Case No. -54 Year- 2018 Thana -KAKO District- JEHANABAD ======================================================
1. Rajendra Prasad, son of Late Mungeshwar Yadav
2. Rampravesh Prasad, son of Late Mungeshwar Yadav
3. Sanjay Kumar, son of Rampravesh Yadav
4. Satyendra Yadav, son of Late Ramanand Yadav All resident of Village- Islamchak (Chak Dharampur), P.S.- Ghoshi, District- Jehanabad.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sudish Kumar, Advocate For the Opposite Party/s : Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Kako P.S. Case No. 54 of 2018 registered under Sections 143, 341, 323, 324, 307, 337, 338, 504 and 506 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioners that even on admitted facts the ingredients of the
Patna High Court Cr.Misc. No.35864 of 2018 (2) dt.02-07-2018 offence punishable under Section 307 of the Indian Penal Code would not be attracted. So far as the other sections are concerned, the same are bailable in nature.
On the other hand, learned counsel for the State submitted that there is allegation that on demand of dues of Rs. 500/-, the petitioners assaulted the informant with bamboo stick. Considering the nature of allegation and the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are 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, Jehanabad in connection with Kako P.S. Case No. 54 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Ashwani Kumar Singh, J.) Sanjeet/- U T