Krishna Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22137 of 2018 Arising Out of PS.Case No. -530 Year- 2017 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. Krishna Prasad,

2. Surendra Prasad Both sons of Late Jamuna Sao @ Late Mathura Prasad,

3. Ajay Kumar

4. Bijay Kumar,

5. Soni Kumar @ Rajiv Kumar All sons of Surendra Prasad,

6. Kaushal Kumar,

7. Chhotu Kumar,

8. Praduman Kumar All sons of Krishna Pd., R/o Village- Bakhtiarpur, P.S.- Bakhtiarpur, District- Patna.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 26-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Bakhtiarpur P.S. Case No. 530 of 2017 registered under

Patna High Court Cr.Misc. No.22137 of 2018 (2) dt.26-04-2018 Sections 341, 323, 354, 379 and 384 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that the informant and the accused persons are close neighbours. There is land dispute pending between the parties. The petitioner no.1 has filed a suit vide Title Suit No.22 of 2017 against the informant's son praying therein to restrain the informant from encroaching upon the private passage of the petitioners which has resulted in filing of false cases including the present case with ulterior motive. It is submitted that the allegations made are also quite vague and nothing has been alleged against any of the accused persons.

On the other hand, learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioners.

Having regard to the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.,

Patna High Court Cr.Misc. No.22137 of 2018 (2) dt.26-04-2018 Barh, Patna in connection with Bakhtiarpur P.S. Case No. 530 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T