Allowed

Narad Kumar @ Narad Prasad v. The State of Bihar

Patna HC18 Dec 2019CR. MISC./70616/2019

Case brief

AI extract

What is this about?

Granted bail to petitioners in a criminal case involving alleged assault. The High Court observed that a specific allegation against another accused who received bail involved a dagger wound while others were in a general brawl. Calculated discount on punishment not applicable.

What did the court decide?

Bail enlarged on furnishing bond of Rs. 10,000 each with two sureties of like amount, to be surrendered within four weeks.

Narad Kumar @ Narad Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70616 of 2019

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Arising Out of PS. Case No.-54 Year-2019 Thana- JADOPUR District- Gopalganj

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

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Narad Kumar @ Narad Prasad, aged about 37 years, Male, S/o Sri Lalan Prasad, R/o village- Jadopur Bazar, P.S.- Jadopur, District- Gopalganj, Bihar

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Arjun Sonar @ Arjun Prasad Soni, aged about 38 years, Male, S/o Sri Raghunath Prasad Soni, R/o village- Jadopur Bazar, P.S.- Jadopur, DistrictGopalganj, Bihar

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Pappu Kumar, aged about 45 years, Male, S/o Sri Vyash Prasad, R/o villageJadopur Bazar, P.S.- Jadopur, District- Gopalganj, Bihar

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr.Ashok Kumar Singh For the Opposite Party/s : Mr.Ajay Kumar Jha ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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3 18-12-2019 Heard both sides.

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Petitioners apprehend their arrest in Jadopur P.S. Case No.54 of 2019, registered under Sections 147, 149, 341, 323, 326, 325, 307, 504 and 506 of the Indian Penal Code.

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The informant named the petitioners along with other accused persons and alleged that Butan Prasad inflicted two blows with knife on his head. Thereafter Sohan Prasad, Arjun Sonar, petitioner no.2, Bhuteli Prasad, Narad Prasad, petitioner no.1, Pappu Kumar, petitioner no.3 and others unknown persons assaulted the informant and his family members.

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Learned counsel for the petitioners submits that there is a counter version being Jadopur P.S. Case No.53 of 2019. The

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Patna High Court CR. MISC. No.70616 of 2019(3) dt.18-12-2019 2/2

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informant only made specific allegation against Butan Prasad who has alleged to have inflicted two dagger blow on the head of the informant. The learned Session Judge granted bail to Butai Prasad @ Dharmendra Kumar and Naresh Kalwar. It is further submitted that the learned Sessions Judge has taken note of the facts after perusing the injury reports that the injuries are simple in nature and both sides engaged in free fight with each other.

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Taking into consideration the fact that there is omnibus and general allegation of assault against the petitioners and the fact that Butan Prasad, against whom there is specific allegation of inflicting dagger blows on the head of the informant, has already been granted bail, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1^st Class, Gopalganj in connection with Jadopur P.S. Case No.54 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Jha, J)

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S.KUMAR/-

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U T

Narad Kumar @ Narad Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Narad Kumar @ Narad Prasad v. The State of Bihar

Case brief

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What did the court decide?

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