Nagendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32450 of 2020 Arising Out of PS. Case No.-525 Year-2019 Thana- ISLAMPUR District- Nalanda ====================================================== NAGENDRA PRASAD, S/o Panpan Gope R/o village- Mirjan Bigha, P.S.- Islampur, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-02-2021 Heard Mr. Anil Kumar Singh, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Islampur P. S. Case No. 525 of 2019, dated 30.10.2019, instituted for the offences under Sections 341, 323, 307 and 34 of the Indian Penal Code Section 27 of the Arms Act, 1959.

According to the F.I.R., one Shyam Nandan Prasad resorted to firing which hit Karu Kumar, who is the son of the informant, in his leg. When the husband and the son of the informant came to Karu Kumar's rescue, the petitioner and co-accused Deepak Kumar are

Patna High Court CR. MISC. No.32450 of 2020(2) dt.12-02-2021 2/3 said to have assaulted them, leading to injuries on their person.

The son of the informant, though, has received grievous injuries but such injuries are on the hand and thumb whereas the husband of the informant has received simple injuries.

There is a counter version of the occurrence also.

The learned counsel for the petitioner has further submitted that the land in question was purchased by one Satyendra Yadav and Gulendra Prasad from one Ajay Kumar Pandey, but as the husband of the informant had been cultivating the said land as a bataidar, he wanted the same arrangement to be continued and when this request was not acceded to, a false case has been instituted.

Considering the background facts and other attendant circumstances, the petitioner, above-named, is directed to be released on bail, in the event of his arrest

Patna High Court CR. MISC. No.32450 of 2020(2) dt.12-02-2021 3/3 or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda at Biharsharif, in connection with Islampur P. S. Case No. 525 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T