Pramod Prasad @ Chirae v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73210 of 2018 Arising Out of PS. Case No.-201 Year-2018 Thana- PHULWARIYA District- Gopalganj ====================================================== Pramod Prasad @ Chirae Son of Prem Kumar @ Prem Prasad Resident of Village-Bathua Bazar,P.S. Phulwaria,Distt.-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Phulwaria P.S. Case No. 201 of 2018, disclosing offences under Sections 342, 323, 147, 148, 307, 504, 506 and 325 of the Indian Penal Code.

Learned counsel, appearing on behalf of the petitioner, contends that there is allegation against all the accused persons of their respective overt act in the first information report. He submits that similarly situated coaccused persons other than the petitioner have granted anticipatory bail by the court below.

I do not find any reason why the petitioner should not be given the same privilege as has been given to other co-

Patna High Court Cr.Misc. No.73210 of 2018(2) dt.20-12-2018 2/2 accused persons by order of the learned Sessions Judge, dated 26.09.2018 passed in A.B.P. No. 1710 of 2018. There being allegation of assault against all the accused persons. I have taken into account the fact that the injuries have been found to be simple in nature.

Considering the above, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in Phulwaria P.S. Case No. 201 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U T