Patna High CourtCR. MISC./17742/2015bail granted

Chintu Prasad And ORS. v. The State Of Bihar

2015-06-09Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 17742 of 2015 Arising Out of PS.Case No. -84 Year- 2013 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Chintu Prasad Son of Mahangu Prasad

2. Surendra Singh @ Surendra Bhagat Son of Sewak Bhagat

3. Kuldeep Singh @ Kuldeep Bhagat Son of Surendra Singh @ Surendra Bhagat All residents of Village Barari Jagdish , P.s Uchakagaon, DistrictGopalganj. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ghulam Rabbani For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 09-06-2015 Heard learned counsel for the petitioners, informant and the State.

The petitioners have filed this application apprehending arrest in Uchakagaon Police Station (PS) Case No 84 of 2013 instituted under Sections 147, 148, 149, 341, 323, 324, 302 of Indian Penal Code and Section 27 of Arms Act. Learned counsel for the petitioners seeks leave to withdraw this application in so far as Chintu Prasad, petitioner No 1 is concerned. Leave is granted. This application, in so far as Chintu Prasad, petitioner No 1 is concerned, is dismissed as withdrawn.

Patna High Court Cr.Misc. No.17742 of 2015 (2) dt.09-06-2015 He, however, presses the application in so far as petitioners No 2 and 3 are concerned. He submits that so far as petitioners No 2 and 3 are concerned, as per the first information report (FIR), they are not the persons who have assaulted or injured the deceased in any manner. The FIR itself states that the dispute is merely because of certain land issues. It is also pointed out that some of the accused persons have already been granted anticipatory bail by this Court in Cr Misc No 42564 of 2013. Having considered the matter, in the event of their arrest or surrender within four weeks from today, petitioners No 2 and 3 abovenamed shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in Uchakagaon PS Case No 84 of 2013 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Navaniti Prasad Singh, J) M.E.H./- U T