Ram Prabesh Yadav @ Ram Prabesh Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32757 of 2014 Arising Out of PS.Case No. -78 Year- 2014 Thana -NAGARNAUSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Ram Prabesh Yadav @ Ram Prabesh Prasad Son of Panodip Yadav resident of village - Teja Bigha, P.S. Bakhtiyarpur, District - Patna

2. Janak Prasad Son of Late Sukhdeo Prasad resident of village - Usmanpur, P.S. Nagarnausa, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Nityanand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Nagar Nausa Police Station Case No. 78 of 2014 registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.

Admittedly, petitioner no. 2 is full brother of the informant and there was dispute between the petitioner no. 2 and the informant on the point of partition. So far as, petitioner no. 1 is concerned, it is stated that he was one of the Punches in the Panchati which had held between the petitioner no. 2 and the

Patna High Court Cr.Misc. No.32757 of 2014 (2) dt.10-02-2015 2/2 informant. The accusation against the petitioner no. 2 is that he assaulted the informant with bricks. Annexure-3 to the petition reveals that the informant sustained simple injury, which is said to be caused by hard and blunt substance. Moreover, it is informed that parties have already compromised this case. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Hilsa, Nalanda in Nagar Nausa Police Station Case No. 78 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U