Harichandra Prasad @ Harischandra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.680 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -BAJPATTI District- SITAMARHI ====================================================== Harichandra Prasad @ Harischandra Prasad, Son of Milan Sah, resident of Village- Patdora, P.S.- Bajpatti, District- Sitamarhi. .... .... Appellant/s

Versus

The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Prabhat Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-04-2017 Heard learned counsel for the appellant as well as learned Special Public Prosecutor.

There happens to be an allegation that in the night of 30.10.2016 Rakesh Gupta, Pappu Kumar, Rahul Kumar and Chandra Prakash came at the house of the informant and abused by calling caste name under the influence of liquor. In the aforesaid background, it has also been alleged that on 31.10.2016 at about 10 A.M. while the informant was sitting at his house, Rakesh Gupta, Pappu Kumar, Rahul Kumar, Chandra Prakash Kumar, Arind Kumar, Hari Chandra Prasad (Appellant), Sakhi Chandra Sah, Rakesh Kumar, Ram Krishna Kumar, Birendra Prasad and Satyendra Sah armed variously raided his house and during course thereof, Rakesh Gupta gave

Patna High Court CR. APP (SJ) No.680 of 2017 (3) dt.17-04-2017 2/2 Farsa blow over his head causing injury. Thereupon, his mother came to his rescue who was also assaulted by the appellant with Farsa over her head which has been found simple in nature without having repetition of blow.

The appellant happens to be under custody since 27.11.2016. Consequent thereupon, the appellant, Harichandra Prasad @ Harischandra Prasad is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri J. P. Kisku, Judicial Magistrate, Pupri, Sitamarhi, in connection with Bajpatti P.S. Case No. 179 of 2016 after setting aside the order dated 12.01.2017 passed in B.P. No. 1919/2016/12/2017 relating to Bajpatti P.S. Case No. 179 of 2016 by 1st Additional Sessions Judge, Sitamarhi.

Consequent thereupon, the appeal is allowed.

(Aditya Kumar Trivedi, J) Ravi/- U T