Ganni Prasad @ Ganesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59289 of 2018 Arising Out of PS.Case No. -343 Year- 2018 Thana -FATUA District- PATNA ====================================================== Ganni Prasad @ Ganesh Prasad, son of Chandrika Prasad, resident of village-Kolhar, P.S. Fatwa, District-Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Krishna Prasad Yadav, Advocate For the Informant : Mr. Girish Singh, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the Informant. Petitioner seeks bail in Fatua P.S. Case No.343 of 2018 instituted for the offence under Section(s) 342, 323, 325, 307 and 504/34 Indian Penal Code.
In the written report, allegation against the petitioner is that he assaulted his cousin brother, Indal Kumar, with iron Ghan causing injury on the head.
Counsel for the petitioner submits that both parties are agnates. There is a land dispute between them. Petitioner has clean antecedents.
It is further submitted that informant, injured, Indal Kumar, and his family members have assaulted and broke the
Patna High Court Cr.Misc. No.59289 of 2018 (2) dt.06-10-2018 2/3 hand of the father of petitioner for which Chandrika Prasad has registered a case against Indal Kumar and others vide Fatua P.S. Case No.78 of 2015. It is further submitted that there is counter case vide C.A. Case No.649 of 2018 against the informant and his family members filed by Nawal Singh in which Informant and Indal Kumar are also accused.
Counsel for the informant has submitted that Injury Report has been issued by Chief Medical Officer, New Nobel Hospital, Patna, mentioning the injury on the person of Indal Kumar to be grievous in nature.
Petitioner has enclosed the injury report issued by Chief Medical Officer, PHC, Fatuha, wherein, it is mentioned simple in nature caused by hard and blunt object. The Injury report of the Chief Medical Officer, PHC, Fatuha, is dated 09.06.2018 and the injury report of the Chief Medical Officer, New Nobel Hospital, Patna, is dated 18.06.2018.
Petitioner is said to be in custody since 09.07.2018. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.59289 of 2018 (2) dt.06-10-2018 3/3 satisfaction of the Additional Chief Judicial Magistrate-V, Patna City, in connection with Fatwa P.S. Case No.343 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.
(Sanjay Priya, J) JA/- Rohit Kr.
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