Janmajay Prasad @ Janmejay Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53903 of 2015 Arising Out of PS.Case No. -131 Year- 2015 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Savitri Devi, Wife of Janmejay Prasad

2. Bhim Singh, Son of Shyam Sundar Singh

3. Bindu Devi Wife of Bhim Singh .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.53940 of 2015 Arising Out of PS.Case No. -131 Year- 2015 Thana -UCHAKAGAON District- GOPALGANJ ====================================================== Janmajay Prasad @ Janmejay Prasad Singh, son of late Shyam Sundar Singh .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.53903 of 2015) For the Petitioner/s : Mr. Raj Dular Sah, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta(App) (In Cr.Misc. No.53940 of 2015) For the Petitioner/s : Mr. Raj Dular Sah, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323,

Patna High Court Cr.Misc. No.53903 of 2015 (2) dt.27-11-2015 2/3 324, 307, 504/34 of the Indian Penal Code.

It is alleged that the petitioners were fixing bamboo on the passage which was protested by the informant then the accused persons started abusing and assaulting the informant. It is specifically alleged against petitioner Janmajay Prasad @ Janmejay Prasad Singh that he inflicted injury with spade on the head of the informant.

It is submitted by learned counsel for the petitioners that in the background of bona fide land dispute the accusation has been levelled and except the specific accusation against petitioner Janmajay Prasad @ Janmejay Prasad Singh the accusation levelled against others is general and omnibus. Though, injuries have been found to be simple in nature. There is counter version of the occurrence also wherein three persons from the petitioners' side have also received injuries. Though, with regard to some of the injuries opinion has been kept reserved. Moreover, a statement has been made in paragraph 3 of both the petitions that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten

Patna High Court Cr.Misc. No.53903 of 2015 (2) dt.27-11-2015 3/3 thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Gopalganj in connection with Uchkagaon P.S. Case No.131 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T