Rampravesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77880 of 2019 Arising Out of PS. Case No.-122 Year-2019 Thana- NAGARNAUSA District- Nalanda ====================================================== 1.

Rampravesh Prasad, aged 60 years, male, S/o Late Mathura Prasad R/o village- Ariyawan, P.S.- Nagarnausa, District- Nalanda 2.

Indrajeet Kumar, aged 25 years, male, S/o Rampravesh Prasad R/o villageAriyawan, P.S.- Nagarnausa, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2019 Learned counsel for the petitioners submits that petitioner no.2, namely, Indrajeet Kumar has already been arrested, and as such, he seeks permission to withdraw this application in respect of petitioner no.2.

Accordingly, this application in respect of petitioner no.2, namely, Indrajeet Kumar is dismissed as withdrawn. Now only the prayer of petitioner no.1, namely Rampravesh Prasad for grant of anticipatory bail. Heard learned counsel for the petitioner no.1, namely, Rampravesh Prasad and learned Additional Public Prosecutor for the State.

The petitioner no.1 apprehends his arrest in a case

Patna High Court CR. MISC. No.77880 of 2019(2) dt.29-11-2019 2/3 registered for the offence punishable under Sections 341, 307, 379, 504 and 506/34 of the Indian Penal Code and Sections 27 of the Arms Act.

As per FIR, the informant alleges that on 14.09.2019, the informant and the petitioner were talking about partition of the property of ancestors among themselves. In the meantime, on the instigation of petitioner no.1, his younger son, namely, Mukesh Kumar assaulted the informant on his head with sharp cutting weapon, whereas petitioner no.2 opened fire on the informant.

Learned counsel for the petitioner submits that there is no specific allegation against the petitioner rather the petitioner is only order giver and petitioner has got clean antecedent.

In the facts and circumstances of the case, let the petitioner no.1, namely, Rampravesh Prasad be released on anticipatory bail in the event of his arrest or surrender in the court below within a period of six weeks from the date of receipt of the order, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar Singh, Judicial Magistrate, Ist Class, Hilsa (Nalanda) in connection with Nagarnausa P.S.Case

Patna High Court CR. MISC. No.77880 of 2019(2) dt.29-11-2019 3/3 No.122 of 2019, subject to conditions as laid down under Sections 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) B.Kr./- U T