Sateyendra Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42807 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sateyendra Prasad, Son of Jai Mangal Prasad,

2. Deepak Kumar, Son of Jai Kishore Prasad, Both resident of VillageKathiya Mathiya, Parshurampur Pokhariya, P.S.- Kangali, DistrictWest Champaran. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Amish Kumar, Advocate. For the Opposite Party : Smt. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2017 Learned counsel for the petitioners is permitted to make necessary correction in the prayer portion of the application, in course of the day.

Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant. The petitioners are languishing in custody since 01.07.2017 in a case for the offence registered under Sections 147, 148, 149, 506, 307 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that when the informant and others were irrigating field, in the meantime, petitioners and others began to open fire and assaulted by means

Patna High Court Cr.Misc. No.42807 of 2017 (2) dt.20-09-2017 2/2 of lathi and informant's family received injury of gun shot. Thereafter they fled away.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. The charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. There is admitted land dispute between the parties. Injury caused by the petitioners is not on the vital part of the body. No offence under Section 307 of the IPC is made out against the petitioner no.1. So far petitioner no. 2 is concerned, no allegation of assault has been alleged against him.

On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, West Champaran, Bettiah in connection with Kangali P. S. Case No. 37/2017.

U.K./- (Sudhir Singh, J) U T