Prakash Ram @ Prakash Bharti And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9646 of 2019 Arising Out of PS. Case No.-363 Year-2018 Thana- NAUTAN District- West Champaran ======================================================
1. Prakash Ram @ Prakash Bharti Son of Anil Ram Resident of VillageJagdishpur Shekhauna, P.S.- Jagdishpur, District- West Champaran.
2. Vikash Ram @ Vikash Bharti Son of Anil Ram Resident of VillageJagdishpur Shekhauna, P.S.- Jagdishpur, District- West Champaran.
3. Asha Devi W/O Anil Ram Resident of Village- Jagdishpur Shekhauna, P.S.- Jagdishpur, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aditya Nath Jha For the Opposite Party/s :
Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-02-2019 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Nautan (Jagdishpur) P. S. Case No. 363 of 2018 dated 11.07.2018 instituted for the offences under Sections 341, 324, 307, 354(B), 504 and 18 of the Indian Penal Code.
The petitioners are said to have assaulted the informant and others while he was keeping a vigil on the pond in which he has fishing rights. Petitioner no. 1 is said to
Patna High Court Cr.Misc. No.9646 of 2019(2) dt.19-02-2019 2/3 have assaulted the informant by means of a sharp cutting weapon like Farsa whereas the other petitioners are alleged to have assaulted the other persons by Lathi. The learned counsel for the petitioners has submitted that the injuries suffered by the informant and others are all simple in nature. There are spate of litigations between the parties with respect to fishing rights in the local pond. The cases in which the petitioners have been made accused prior to the lodging of the present case is also one such case of the series.
Considering the nature of accusation and the background facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Nautan (Jagdishpur) P. S. Case No. 363 of 2018, subject to
Patna High Court Cr.Misc. No.9646 of 2019(2) dt.19-02-2019 3/3 the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U