Patna High CourtCR. MISC./48806/2017bail granted

Mukesh Prasad And ANR v. The State Of Bihar

2017-11-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48806 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -FATEHPUR District- GAYA ======================================================

1. Mukesh Prasad, S/o Late Bhondu Prasad.

2. Manjesh Kumar, S/o Late Bhondu Prasad.

All residents of village - Khajuri, P.S. - Fatehpur, District - Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nivedita Nirvikar For the Opposite Party/s : Mrs. Pushpa Sinha ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-11-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Fatehpur P.S. Case No. 01 of 2017, disclosing offences under Sections 341, 323, 324 and 307/34 of the Indian Penal Code.

From the First Information Report, it appears that over some petty dispute between the parties, over plucking of potatoes from the field, the occurrence took place. The informant and the petitioners are said to be belonging to the same family, having common ancestors.

Patna High Court Cr.Misc. No.48806 of 2017 (2) dt.17-11-2017 2/2 Learned counsel for the petitioners has submitted that the partition among them has taken place and disputes are arising because of the said partition. Considering the genesis of occurrence, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Gaya, in connection with Fatehpur P.S. Case No. 01 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T