Partly allowed

Nanipat Prasad v. The State of Bihar

Patna HC4 Nov 2019CR. MISC./68981/2019

Case brief

AI extract

What is this about?

The Patna High Court allowed bail application of petitioner no.1 subject to conditions including immediate arrest surrender and bail bond. It refused anticipatory bail to petitioner no.2, directing him to seek regular bail.

What did the court decide?

Bail granted to petitioner no.1 upon surrender within six weeks with bond and sureties; anticipatory bail refused to petitioner no.2 with direction to seek regular bail.

Nanipat Prasad Vs The State of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68981 of 2019

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Arising Out of PS. Case No.-511 Year-2017 Thana- MINAPUR District- Muzaffarpur

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======================================================

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Nanipat Prasad, Son of Late Kaleshwar Prasad, Resident of VillageKharahar, P.S.- Minapur, District- Muzaffarpur.

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Pappu Kumar @ Pancho Kumar @ Papu Prasad, Son of Krishandeo Prasad, Resident of Village- Kharahar, P.S.- Minapur, District- Muzaffarpur.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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2 04-11-2019 This is an application for grant of anticipatory bail in connection with Minapur P. S. Case No. 511 of 2017, disclosing offences under Sections 447, 341, 323, 324, 307, 436, 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

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As per F.I.R. petitioners and other accused persons started ploughing the land of the informant and petitioner no.2 was driving the tractor and petitioner no.1 is the order giver. It further appears that petitioner no.2 is accused in three other cases also.

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Submission of the learned counsel for the petitioners is that there is land dispute between the parties. There is case and counter case between the parties and except that petitioner

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Patna High Court CR. MISC. No.68981 of 2019(2) dt.04-11-2019 2/3

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no.1 is order giver and petitioner no.2 was driving the tractor, there was no other allegation against them.

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Heard learned A.P.P. also, who has opposed the prayer

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for anticipatory bail of the petitioners on the ground that petitioner no.2 is accused in three other cases also.

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Having heard both sides, considering the above submissions, so far as, petitioner no.1 is concerned, let the petitioner no.1, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Minapur P. S. Case No. 511 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

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So far as petitioner no.2 is concerned, I am not inclined to grant privilege of anticipatory bail to him. However, he has to surrender and pray for regular bail before the learned court below, the same shall be considered on its own merit, without being prejudiced by order of this Court.

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With the aforesaid, this application is disposed of.

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Sunil Shukla/-

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(Vinod Kumar Sinha, J)

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U T

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Patna High Court CR. MISC. No.68981 of 2019(2) dt.04-11-2019 3/3

Nanipat Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nanipat Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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