Jay Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50415 of 2023 Arising Out of PS. Case No.-85 Year-2022 Thana- PANDARAK District- Patna ====================================================== 1.
JAY PRAKASH KUMAR Son of Dularchand Prasad Resident of village - Chhaperatar, P.S. - Pandarak, Distt. - Patna 2.
Lallu Kumar Son of Kailash Yadav Resident of village - Gulab Bag, P.S. - Barh, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 307/34 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, all the FIR named accused persons including these petitioners and ten unknown persons surrounded the informant and made indiscriminate firing.
4. It is submitted on behalf of the petitioners that due to land dispute between the parties, they have falsely been implicated in this case. Though there is allegation of firing against these petitioners and ten unknown persons, but nobody sustained fire arms injuries. No overt act has been alleged against them. Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.50415 of 2023(2) dt.17-08-2023 2/2
5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, 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 Additional Chief Judicial Magistrate I, Barh, Patna in Pandarak Police Station Case No. 85 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T