Shiva Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20298 of 2018 Arising Out of PS.Case No. -63 Year- 2018 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================

1. Shiva Shankar Prasad, So of Late Satya Narayan Rai, Resident of Villafe- Race Course, Chakkar Maidan, Southern-Western End, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 147/148/149/332/333/ 353/ 452/427/307/323/324/326/379/120B of the Indian Penal Code. It appears that there is bona fide dispute relating to land/rasta between the parties, which is evident from the annexures of the bail application. General and omnibus allegation is of obstruction and creation of nuisance on the land of military. Considering the background and nature of allegation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two

Patna High Court Cr.Misc. No.20298 of 2018 (2) dt.16-04-2018 P2/ sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Kazi Mohammadpur P.S. Case No.63 of 2018, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T