Mathura Prajapati And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40679 of 2018 Arising Out of PS.Case No. -94 Year- 2018 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================

1. Mathura Prajapati son of Badri Kumhar

2. Neharu Prajapati son of Mathura Prajapati

3. Nagendra Prajapati son of Mathura Prajapati All residents of Village - Sendura, P.S. Chand, District - Kaimur at Bhabua. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Chand P.S.Case No. 94 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 321, 325, 307, 504 and 506 of the Indian Penal Code.

Allegation against the petitioners is that they have assaulted the informant and others, causing injuries. Submission of learned counsel for the petitioners is that injuries are simple in nature and there is dispute between the parties from before, which will appear from the FIR itself. Further submission is that petitioner No.1 is 70 years old and petitioner No.2 is handicapped person.

Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail stating that petitioners were made accused in a murder case of father of

Patna High Court Cr.Misc. No.40679 of 2018 (2) dt.13-07-2018 2/2 informant.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioners Nos. 1 and 2, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Chand P.S.Case No. 94 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

So far petitioner No.3 is concerned, let him surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U