Awadhesh Prasad @ Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3897 of 2021 Arising Out of PS. Case No.-111 Year-2020 Thana- KAKO District- Jehanabad ====================================================== 1.

AWADHESH PRASAD @ AWADHESH SINGH, Son of Kamta Prasad Resident of Village - Nawada, P.S. - Kako (Bhelawar), District - Jehanabad. 2.

Bam Prasad Son of Kamta Prasad Resident of Village - Nawada, P.S. - Kako (Bhelawar), District - Jehanabad.

3.

Dinesh Prasad Son of Kamta Prasad Resident of Village - Nawada, P.S. - Kako (Bhelawar), District - Jehanabad.

4.

Madan Prasad Son of Awadhesh Prasad Resident of Village - Nawada, P.S. - Kako (Bhelawar), District - Jehanabad.

5.

Uday Prasad @ Uday Yadav Son of Awadhesh Prasad Resident of Village - Nawada, P.S. - Kako (Bhelawar), District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Babu Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-07-2021 Heard Mr. Lal Babu Singh, learned counsel for the petitioners and Mr. Akshay Lal Pandit, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Kako (Bhelawar) P. S. Case No. 111 of 2020, instituted for the offences under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.3897 of 2021(2) dt.30-07-2021 2/3 Over the issue of construction, the parties have fought amongst themselves.

The accusation against the petitioners is of assaulting the members of the prosecution party. However, all the injured persons have received simple injuries.

Considering the futility of continuing with the litigation, the parties have decided to jettison their differences and not to prosecute each other.

Regard being had to the afore-stated facts and taking into account that nobody has been injured in any grievous manner and that the informant does not wish to prosecute the petitioners any further, they are directed to be released on bail, in the event of their arrest 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 their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.3897 of 2021(2) dt.30-07-2021 3/3 Additional Chief Judicial Magistrate - I, Jehanabad, in connection with Kako (Bhelawar) P. S. Case No. 111 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T