Ram Bilash Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21020 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -RAJAULI District- NAWADA ======================================================
1. Ram Bilash Prasad Son of Late Tilakdhari Prasad
2. Sri Chand Prasad Son of Late Tilakdhari Prasad Both Resident of Village-Dhamuchak, P.S. Rajauli, District-Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Sen Prasad Singh For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-05-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with Rajauli P.S. Case No. 131 of 2017 for offences punishable under Sections 341, 323, 324, 326, 307 and 34 of the Indian Penal Code. The allegation is that on account of property dispute the accused persons had assaulted the informant side and as far as the informant is concerned, the co-accused Ratan Prasad had assaulted him with sword causing injury and consequently he had died after 45 days.
Learned counsel for the petitioners submits that as far as the petitioners are concerned, there is no allegation of any specific overt act resulting in death of deceased Sitaram Prasad. It is
Patna High Court Cr.Misc. No.21020 of 2018 (3) dt.17-05-2018 2/2 further submitted that the similarly situated co-accused person has been granted bail by an order dated 17.04.2018 passed in Criminal Misc. No. 21522 of 2018. The petitioner is said to be languishing in custody since 27.01.2018 and is having a clean antecedent. Having regard to the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Rajauli P.S. Case No. 131 of 2017.
(Mohit Kumar Shah, J) S.Sb/- U T