Sandeep Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82416 of 2019 Arising Out of PS. Case No.-354 Year-2019 Thana- SIRDALA District- Nawada ====================================================== SANDEEP PRASAD Son of Suresh Prasad Resident of Village-Alma, P.S.- Sirdala (Meskaur), District-Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Sirdala (Meskaur) P.S. Case No. 354 of 2019, disclosing offence under Sections 147, 148, 149, 341, 323, 504, 506, 379, 427, 354 and 308 of the Indian Penal Code.

There are 13 persons named in the F.I.R. including the petitioner. It appears that several members of the family have also been implicated. All the accused persons said to have been entered into the house of the informant and assaulted the informant's husband, as also the informant.

Learned counsel appearing on behalf of the petitioner has submitted that, the allegation against all the persons named in the F.I.R. are general and omnibus. He submits that, there is specific allegation of overt act against Suresh Prasad. Six of the

Patna High Court CR. MISC. No.82416 of 2019(3) dt.17-06-2020 2/2 persons named in the F.I.R. including Suresh Prasad have been granted anticipatory bail by this Court by an order dated 28.11.2019 passed in Cr. Misc. No. 77370 of 2019. In my opinion, a case for grant of anticipatory bail is made out.

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 bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI in connection with Sirdala (Meskaur) P.S. Case No. 354 of 2019, 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 the 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) AKASH/- U T