Nishant Prakash @ Sarshabd Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16133 of 2022 Arising Out of PS. Case No.-60 Year-2018 Thana- GORAUL District- Vaishali ====================================================== 1.

Nishant Prakash @ Sarshabd Prakash S/o Ram Ekbal Rai Resident of Karhatia Bujurg, P.S.- Goraul (Katahara O.P.), District- Vaishali at Hajipur. 2.

Chetgyan Prakash @ Chetan Gyan Prakash Son of Ram Ekbal Rai Resident of Karhatia Bujurg, P.S.- Goraul (Katahara O.P.), District- Vaishali at Hajipur.

3.

Swarn Gyan Prakash @ Swarn Nam Prakash S/o Ram Ekbal Rai Resident of Karhatia Bujurg, P.S.- Goraul (Katahara O.P.), District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Goraul (Katahara OP) P.S. Case No. 60 of 2018, registered for the offences punishable under Sections 341, 323, 308, 379/34 of the Indian Penal Code.

As per the FIR, on the alleged date and time of occurrence while the son of informant was working in his field, all the accused persons including petitioners having variously armed came there, abused and assaulted the son of informant. Petitioner no. 1 gave Farsa blow on the head of informant's, as a result of which he became severely injured and fell down on

Patna High Court CR. MISC. No.16133 of 2022(2) dt.25-08-2022 2/2 the ground. When the informant went to save him, she was assaulted by petitioner no. 2 by means of sword causing cut injury. Petitioner no. 3 disrobed her and snatched her ornaments. It is submitted that there is admitted land dispute between the parties, a title suit is going on and the same was decreed on 03.09.2019 and in this regard Execution case is pending between them vide Annexure-2. As a matter of fact, casual altercation took place between the parties in which informant and his son sustained injuries which was found by the doctor to be simple in nature.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IX, Vaishali at Hajipur in connection with Goraul (Katahara OP) P.S. Case No. 60 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T