Sanjay Prasad @ Dr. Sanjay Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5211 of 2015 Arising Out of PS.Case No. -135 Year- 2014 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Sanjay Prasad @ Dr. Sanjay Prasad Son of Yogendra Prasad

2. Dhurup Nath Prasad S/O Late Nagina Prasad Both are residents of village-Ballahu,P.S-Maharajganj,Distt.-Siwan(Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kapil Deo Singh, Advocate. For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-02-2015 Heard both sides.

The petitioners apprehend their arrest in Maharajganj P.S. Case No. 135 of 2014, registered for the offences punishable under Sections 4471, 307, 379, 435 and other Sections of the Indian Penal Code.

Satya Prakash Kuwar named the petitioner and alleged that Sanjay Prasad caught him and Dhrup Nath Prasad assaulted him with iron rod on his head. When Mukesh Kuwar, Suchit Kuwar, Sushil Kuwar and Chabinath Kuwar came to save the informant, the accused persons also assaulted them. Learned counsel for the petitioners submits that there is land dispute and there is case and counter case. From the side of

Patna High Court Cr.Misc. No.5211 of 2015 (2) dt.06-02-2015 the petitioner Maharajganj P.S. Case No. 134 of 2014 was registered and from the side of the petitioner also many persons sustained injuries. There is free fight between the parties. On account of assault made by the petitioners only simple injury is caused as would appear from Annexure-2 series. It appears that there is case and counter case. The quarrel took place on account of land dispute and there is mutual scuffle and assault among each other, but on account of assault made by the petitioner only simple injury is caused.

Considering the facts aforesaid, the petitioners, in the event of their arrest or surrender before the 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 bonds 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 connection with Maharajganj P.S. Case No. 135 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T