Balram Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15132 of 2017 Arising Out of PS.Case No. -286 Year- 2016 Thana -SIRDALA District- NAWADA ======================================================
1. Balram Prasad.
2. Ramautar Prasad.
3. Arjun Prasad.
All Sons of Late Basudeo Prasad, Resident of Village- Kasia Dih, Police Station- Sirdala, District- Nawada.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 06-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sirdala P.S. Case No.286 of 2016 registered under Sections 147, 148, 323, 341 and 307 of the Indian Penal Code. The accusation is that on 02.12.2016 in the morning at about 08.00 A.M., when Sitaram Prasad, the son of the informant Chandrika Prasad, was ploughing his field, seven persons, named in the F.I.R., including the petitioners caused injury to his three sons with the Fala of Khanti and they were taken for treatment. Learned counsel appearing on behalf of the petitioners
Patna High Court Cr.Misc. No.15132 of 2017 (4) dt.06-07-2017 2/2 submits that due to land dispute, the occurrence of "Maar-Peet" took place between the parties in which the petitioners' side also sustained injury regarding which Sirdala P.S. Case No.285 of 2016, on the basis of the written report of the co-accused Ram Swaroop Prasad, under Sections 341, 323, 504 and 307/34 of the Indian Penal Code was instituted against the informant and others. Further submission is that the injuries, as found on the person of the sons of the informant, are simple in nature except the abrasion, as found on the right palm of Sitaram Prasad. Moreover, while the petitioners are named in the F.I.R. but no specific overt act has been attributed to them.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Nawada, in connection with Sirdala P.S. Case No.286 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T