Upendra Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 44842 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -KANGALI District- WESTCHAMPARAN (BETTIAH) ======================================================
1. Upendra Prasad,
2. Narendra Prasad,
3. Shyam Sunder Prasad, All 1 to 3 sons of Jaimangal Prasad,
4. Abhaya Prasad @ Abhay Kumar
5. Bhupesh Kumar, Both 4 & 5 sons of Jai Kishore Prasad,
6. Baliram Prasad,
7. Om Prakash Prasad, Both 6 and 7 sons of Daroga Mahto,
8. Jaimangal Mahto, son of Late Dhuri Mahto,
9. Daroga Mahto, son of Late Taramani Mahto,
10. Kashi Sah, son of Ramashray Sah, All Resident of Village - Parsurampur, Kathia Mathia, Pokharia, P.S. Kangali, District - West Champaran.
.... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Amish Kumar, Advocate For the Opposite Party : Mr. Tarun Prasad Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 506, 307 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation of causing firearm injury, for land dispute, is against co-accused Sateyendra Prasad, Chandrabhanu Prasad Chauhan and Sanjay Prasad. The petitioners were, allegedly, present at the time of occurrence which took place for
Patna High Court Cr.Misc. No.44842 of 2017 (2) dt.19-09-2017 2 /2 land dispute between the parties.
Learned counsel for the informant opposed the prayer for bail.
Considering the fact that no overt act alleged against the petitioners and land dispute is background of the allegation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned 6th Additional Chief Judicial Magistrate, West Champaran, Bettiah/successor Court in connection with Kangali Police Station Case No. 37 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/- U T