Bindeshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16434 of 2015 Arising Out of PS.Case No. -147 Year- 2014 Thana -GURUA District- GAYA ======================================================

1. Bindeshwar Prasad Son of Late Padu Mahto R/o Village- Kaj Tola Chatakbigha, P.s- Gurua, Distt- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.18868 of 2015 Arising Out of PS.Case No. -147 Year- 2014 Thana -GURUA District- GAYA ======================================================

1. Jay Ram Kumar son of Bindeshwar Prasad

2. Ajit Kumar Son of Bindeshwar Prasad Both are residents of village - Kaj tola Chatakbigha P.S. - Gurua, Distt. - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.16434 of 2015) For the Petitioner/s : Mr.Rajani Kant Singh For the Opposite Party/s : Mr. Mukesh Kumar Singh(App) (In Cr.Misc. No.18868 of 2015) For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Pronati Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

Patna High Court Cr.Misc. No.16434 of 2015 (2) dt.10-06-2015 2 / 3 10-06-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Gurua P.S. Case No. 147 of 2014 for the offences punishable under sections 147, 149, 307, 447 and 302 of the Indian Penal Code. The prosecution case, in brief, is that on demand of the Kudal, which the informant gave to petitioner Ajit Kumar, the petitioners along with others came at the door of the informant with Lathi, Danda and iron pipe and assaulted her husband Manjesh Prasad and her father-in-law Ram Autar Mahto resulting in the death of Ram Autar Mahto at the spot.

It has been submitted on behalf of the petitioners that both the parties are neighbours and due to petty reason the alleged occurrence is said to have taken place.

It is further submitted that general and omnibus allegation has been made against the petitioners. No specific injury has been attributed against them.

Further, it is submitted that the petitioner in Cr. Misc. No. 16434 of 2015 is in custody since 19-11-2014 and the petitioners in Cr.Misc. No. 18868 of 2015 are in custody since 32-2015, and they have got no criminal antecedents. On behalf of the State, it has been submitted that the

Patna High Court Cr.Misc. No.16434 of 2015 (2) dt.10-06-2015 3 / 3 petitioners are named in the F.I.R.

Considering the facts and circumstances of the case, let the petitioners , Bindeshwar Prasad, Jai Ram Kumar and Ajit Kumar, be released 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 Judicial Magistrate, 1st Class, Sherghati, Gaya, in connection with Gurua P.S. Case No. 147 of 2014. (Sudhir Singh, J) BK.Roy/- U T