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Patna High CourtCR. MISC./29044/2015disposed

Sudama Prasad And ORS. v. The State Of Bihar

2015-07-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29044 of 2015 Arising Out of PS.Case No. -227 Year- 2014 Thana -BASANTPUR District- SIWAN ======================================================

1. Sudama Prasad S/o Chanar Prasad

2. Dhanesh Prasad s/o Late Sukhlal Prasad

3. Jitan Prasad S/o Late Yamuna Prasad

4. Sona Lal Prasad S/o late Yamuna Prasad

5. Achhelal Prasad S/o Binath Prasad

6. Raj Kumar @ Raj Kumar Prasad S/o late Suraj Bhagat All are resident of Village Madhopur, P.S. Basantpur, District Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radha Krishna Singh For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2015 Heard both sides.

Learned counsel for the petitioners submits that petitioner no. 3 Jitan Prasad has been arrested. Accordingly, the Anticipatory Bail Petition of petitioner no. 3 Jitan Prasad is dismissed as the same has become infructuous.

The petitioner no. 1, 2, 4, 5 & 6, namely, Sudama Prasad, Dhanesh Prasad, Sona Lal Prasad, Achhelal Prasad and Raj Kumar @ Raj Kumar Prasad, apprehend their arrest in a case under Section 307 and other sections of the Indian Penal Code. Ranjit Kumar alleged that he got information that Yamuna Prasad and his family members were harvesting his crops

Patna High Court Cr.Misc. No.29044 of 2015 (2) dt.24-07-2015 2/2 and when the informant and his father protested, they were assaulted by the accused persons. It is submitted that a counterversion, being Basantpur P.S. Case No. 230 of 2014, is registered by Achhe Lal Prasad. Yamuna Prasad, one of the named accused of the present case, succumbed to his injuries and many others from the side of the petitioners got injuries. From the side of Ranjit Kumar, the informant of the present case, the injured persons got simple injuries as it appears from perusal of Annexure 3 series. The occurrence is said to have taken place due to land dispute.

Considering the facts aforesaid, the above named petitioner no. 1, 2, 4, 5 & 6, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged 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 the learned Chief Judicial Magistrate, Siwan in Basantpur P.S. Case No. 227/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T