Bhola Prasad And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.30093 of 2015 (2) dt.29-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30093 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -PAKARIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhola Prasad, son of Late Keshwar Bhagat.

2. Ram Ekbal Bhagat @ Ram Ekbal Prasad son of Domi Bhagat.

3. Nagendra Bhagat son of Ram Ekbal Bhagat.

4. Anil Prasad son of Bhola Prasad.

All resident of Village- Bhangahiya, Police Station- Pakaridayal, District- East Champaran at Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-07-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 323, 324, 307, 379, 434 and 504 of the Indian Penal Code registered in connection with Pakaridayal P.S. Case No. 19 of 2015.

3. It is submitted that the petitioners have been falsely implicated. There is case and counter case between the parties and there is a land dispute which leads to this scuffle. The accusation of assault against the petitioners is general and omnibus and the petitioner no. 1 who is said to have assaulted with spade upon the informant and his wife. The injuries however are simple in nature.

Patna High Court Cr.Misc. No.30093 of 2015 (2) dt.29-07-2015

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikarahana at Motihari, East Champaran in connection with Pakaridayal P.S. Case No. 19 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J) Md. Ibrarul/- U T