Laxmikant Prasad @ Mithu Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60495 of 2018 Arising Out of PS.Case No. -117 Year- 2018 Thana -HATHUA District- GOPALGANJ ======================================================

1. Laxmikant Prasad @ Mithu Prasad, S/o Late Dawarika Prasad,

2. Jay Ram @ Jai Ram Bhagat S/o Rangila Bhagat, R/o Vill.- Bari Isar, P.S.- Hathua, District- Gopalganj.

3. Kailash Mishra S/o Late Ram Ugray Mishra, R/o Vill.- Ukareri, P.O.- Keotalia, P.S.- Darauli, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Kant For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-10-2018 At the very outset, it is informed that petitioner no. 1, namely, Laxmikant Prasad @ Mithu Prasad has already been arrested. Accordingly, prayer for anticipatory bail of petitioner no. 1 stands dismissed being infructuous.

Heard learned counsel of remaining petitioners as well as learned Additional Public Prosecutor for the State. The remaining petitioners apprehend their arrest in connection with Hathua P.S. Case No. 117 of 2018 registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. The informant claims that petitioners and other

Patna High Court Cr.Misc. No.60495 of 2018 (2) dt.06-10-2018 2/2 accused made attempt to forcibly harvest the field of the informant and made indiscriminate firing. Admittedly, none has received any firearm injury and there was land dispute between the parties. Moreover, no specific overt act has been attributed against the petitioners.

Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that petitioners no. 2 and 3, namely, Jay Ram @ Jai Ram Bhagat and Kailash Mishra, 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in Hathua P.S. Case No. 117 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

In the aforesaid manner, this petition stands disposed of.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T