Kunj Bihari Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72266 of 2018 Arising Out of PS. Case No.-306 Year-2018 Thana- SIKARPUR District- West Champaran ======================================================
1. Kunj Bihari Prasad, Son of Late Chandrika Prasad,
2. Pradeep Kumar, Son of Kunj Bihari Prasad,
3. Dipendra Prasad @ Guddu Kumar, Son of Sukdeo Prasad,
4. Vinay Prasad @ Vinay Chaurasia, Son of Late Ram Kishun Bhagat,
5. Mukesh Prasad Chaurasia @ Mukesh Kumar, Son of Nandkishore Bhagat, All are resident of Village- Noniya Tola, P.S.- Shikarpur, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-12-2018 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Shikarpur P. S. Case No. 306 of 2018 dated 19.08.2018 instituted for the offences under Sections 147, 341, 323, 324, 354, 354(B), 379, 448 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
From the bare perusal of the F.I.R., it appears that because of an old dispute relating to land, the petitioners are
Patna High Court Cr.Misc. No.72266 of 2018(3) dt.19-12-2018 2/3 alleged to have abused and assaulted the informant and other members of his family.
Learned counsel for the petitioners has submitted that there is no injury suffered by any person and one of the accused persons namely Braj Kishore Prasad has filed a case vide Shikarpur P. S. Case No. 307 of 2018 against the informant of the present case as well as the other relatives. The wife of one of the petitioners also has filed a separate case against the informant and others vide Shikarpur P. S. Case No. 210 of 2016.
It appears that there is a long standing dispute between the parties and the present implication is only for the purposes of putting pressure on the petitioners for succumbing to the illegal demands of the informant and others.
The petitioners do not have criminal antecedents. Regard being had to the aforesaid facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of
Patna High Court Cr.Misc. No.72266 of 2018(3) dt.19-12-2018 3/3 receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, district - West Champaran in connection with Shikarpur P. S. Case No. 306 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U