Parmanand Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15938 of 2018 Arising Out of PS.Case No. -798 Year- 2017 Thana -HILSA District- NALANDA (BIHARSHARIFF) =====================================
1. Parmanand Prasad.
2. Briju Prasad.
3. Arvind Prasad.
4. Yogendra Prasad.
All four sons of Late Ramashraya Prasad.
5. Arjun Prasad, son of Bahadur Prasad.
6. Kanchan Kumar.
7. Gorakh Kumar.
All sons of Yogendra Prasad.
All resident of Village- Murgia Chak, Police Station- Hilsa, District- Nalanda (Nalanda).
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Adv. For the Opposite Party/s : Mrs. Asha Devi, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-04-2018 The petitioners seek bail in anticipation of their arrest in connection with Hilsa P.S. Case No. 798 of 2017, dated 20.12.2017, instituted for the offences punishable under Sections 147, 148, 149, 323, 337, 307 and 353 of the
Patna High Court Cr.Misc. No.15938 of 2018 (2) dt.06-04-2018 2/3 Indian Penal Code, Section 27 of the Arms Act, Section 4/40 of the Bihar Mines and Minerals Act, 1972 and Section 8 of the Transporting and Storage of Illegal Mines and Minerals Act, 2003.
While the police party was trying to apprehend and stop the vehicles transporting sand in an unauthorized manner, a crowd of people including the petitioners, who have been named in the First Information Report, indulged in brick-bat and tried to prevent the police party from apprehending such vehicles and the accused persons. One of the accused persons, viz. Suraj Kumar is specifically alleged to have assaulted the S.P.O., who was injured in the occurrence.
Learned counsel for the petitioners has submitted that it appears to be rather queer that their names were known to the informant of this case, who is a police officer. It is not known as to who disclosed their names to the informant of this case. It has been submitted that the petitioners have unnecessarily been named in the First Information Report. They have no criminal antecedent and they deny of having participated in the occurrence. Regard being had to the general nature of the accusation against the petitioners, they are, in the event of their arrest or surrender before the learned Court below
Patna High Court Cr.Misc. No.15938 of 2018 (2) dt.06-04-2018 3/3 within a period of four weeks from today, directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 798 of 2017.
(Ashutosh Kumar, J) Praveen-II/- U T