Janamjay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11367 of 2019 Arising Out of PS. Case No.-199 Year-2017 Thana- SIRDALA District- Nawada ====================================================== JANAMJAY PRASAD Son of Uma Sharan Prasad, Resident of Village - Chamotha, P.S.- Sirdala, Distt.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Deo Raj For the Opposite Party/s :
Mr.Kanhaiya Kishore(App ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sirdala P.S. Case No.199 of 2017 registered under Section 323, 341, 307, 379, 504 and 506 and, later on, added Section 302 of the Indian Penal Code, pending in the court of the Additional Sessions Judge-V, Nawada.
The accusation is that Kuber Prasad, Morhawa Prasad and this petitioner came at the purchased land of the informant Dinesh Prasad and started to erect the boundary wall. When the father of the informant made protest, then all dashed him on the ground. On hullah, when the informant and his other family members rushed there, then saw that all were pelting stones and
Patna High Court CR. MISC. No.11367 of 2019(3) dt.17-05-2019 2/2 bricks on the neck of his father. The father of the informant was rushed for treatment but died in course of treatment after 6 days. Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the court below and pray for regular bail, which shall be considered by the court below in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J) P.S./- U