Subhash Prasad And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12373 of 2016 Arising Out of PS.Case No. -369 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Subhash Prasad, Son Ram Chandra Prasad
2. Kanhaiya Prasad, Son of Ram Chandra Prasad.
3. Ravi Lal Prasad, Son of Ram Chandra Prasad
4. Achhe Lal Prasad, Son of Ram Chandra Prasad
5. Nand Lal Prasad, Son of Ram Chandra Prasad All resident of Village Amwa Majhar, P.S. Muffasil Bettiah, West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Yogendra Prasad, Son of Mahanth Prasad, Resident of Village- Jai Prakash Nagar, P.S.- Muffasil Bettiah, West Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Anita Kumari Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 384/386/307/447/323/504 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the present case has emerged out of a land dispute between the parties and the allegation that the petitioners had demanded rupees two lacs for cultivation over the lands which they had purchased is wholly
Patna High Court Cr.Misc. No.12373 of 2016 (3) dt.20-05-2016 P2/2 mischievous. He further submits that demand of Rangdari made by the informant is also ornamental and has been made with false intention of retaining the land which has been sold by them. Considering the nature of allegation and on perusal of the First Information Report, it appears that there is no specific allegation against the petitioners and admittedly the firing has not hit any person, let the petitioners above named, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, 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, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 369/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T