Sri Prasad @ Shiv Shankar Pd. And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29729 of 2016 Arising Out of PS.Case No. -154 Year- 2015 Thana -SIRDALA District- NAWADA ======================================================
1. Sri Prasad @ Shiv Shankar Pd.
2. Dular Prasad @ Dular Yadav all sons of
3. Lakhan Prasad @ Ram Lakhan Prasad Yadav / Ram Sharan Prasad
4. Sadhu Prasad, son of Dular Prasad
5. Ravindra Prasad, son of Dular Prasad All residents of village - Bahuara, P.S. Sirdala, District - Nawada.
6. Bablu Kumar, son of Vijay Yadav, resident of Village - Saryudih, P.S. - Sirdala, District - Nawada.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Rabi Bhushan Prasad No. 1, Advocate For the State : Mr. Sri Satyadev Prasad Singh Yadav, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 01-09-2016 It is contended that the petitioner no.1, Sri Prasad @ Shiv Shankar Pd. and petitioner no.6, Bablu Kumar have already been taken in custody and, as such, this application, so far it concerns them, has become infructuous. Therefore, he seeks leave to withdraw this application as against them. Accordingly, this application is dismissed as withdrawn as against petitioner nos. 1 and 6.
I have heard learned counsel for the petitioners and the State.
The petitioner nos.2 to 5 apprehend their arrest in a
Patna High Court Cr.Misc. No.29729 of 2016 (2) dt.01-09-2016 2 / 3 case registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 504 and 506 of the Indian Penal Code. It is contended on behalf of the petitioners that there is general and omnibus allegation against about 12 named and several unknown persons. Cause of altercation is land dispute as title suit is pending and there is case and counter case also. It is further contended that there is no specific allegation against petitioner nos.2 to 5. It is also urged that co-accused, namely, Subhash Yadav, Sunil Prasad @ Sunil Yadav, Biku Prasad @ Vikash Kumar and Sujeet Prasad @ Sujeet Kumar have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 01.09.2016 passed in Cr. Misc. No.29729 of 2016.
Having regard to the facts and circumstances of the case, let the petitioner nos.2 to 5, namely, Dular Prasad @ Dular Yadav, Lakhan Prasad @ Ram Lakhan Prasad Yadav, Sadhu Prasad and Ravindra Prasad respectively be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Sirdala P.S. Case No. 154/2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawadah subject to the
Patna High Court Cr.Misc. No.29729 of 2016 (2) dt.01-09-2016 3 / 3 conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.
(Dr. Ravi Ranjan, J) Sanjay-II/- U T