Patna High CourtCR. MISC./56833/2018partly allowed disposal

Parmanand Prasad @ Parmanand Rai And ORS v. The State Of Bihar

2018-10-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56833 of 2018 Arising Out of PS.Case No. -153 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Parmanand Prasad @ Parmanand Rai, S/o Maheshwar Rai,

2. Vidyanand Rai @ Vidhanand Rai S/o Maheshwar Rai,

3. Nagmani Rai S/o Maheshwar Rai, All R/o Vill.- Kuleshara Dih, P.S.- Sakra, District- Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Sakra P. S. Case No. 153 of 2017 registered under Sections 341, 323, 324, 307, 504 and 506 read with Section 34 of the Indian Penal Code.

Considering the nature of allegation as against the petitioner no. 1, namely, Parmanand Prasad @ Parmanand Rai, 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 learned Additional Chief Judicial Magistrate-cum-Sub-Judge-13th, Muzaffarpur in connection with Sakra P. S. Case No. 153 of 2017, subject to the

Patna High Court Cr.Misc. No.56833 of 2018 (2) dt.06-10-2018 2/2 conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

So far as petitioner nos. 2 and 3 namely, Vidyanand Rai @ Vidhanand Rai and Nagmani Rai respectively are concerned, since there is allegation that they assaulted with sharp cutting weapon and hard and blunt substance respectively to one Anil Kumar and the father of the informant, I am not inclined to grant them pre-arrest bail. Accordingly, their prayer for bail is rejected.

In case they surrender and seek bail, the same shall be considered on taking into consideration the fact that in course of investigation, the police had complied with the requirements of Section 41 A of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Kanchan/SkSuman.

U T