Laxmikant Prasad @ Mithu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69820 of 2018 Arising Out of PS. Case No.-117 Year-2018 Thana- HATHUA District- Gopalganj ====================================================== Laxmikant Prasad @ Mithu Prasad S/o Late Dawarika Prasad R/o Village Bari Isar,P.S. Hathua, Distt.-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Kant For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hathua P.S. Case No. 117 of 2018 for the offenses punishable under Sections 144, 447, 427, 307 and 149 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation in the present case is regarding the accused persons including the petitioner having been accused of firing with a view to terrorize the prosecution party, however, there is no whisper of any fire arm injury being caused to any member of the prosecution party.

The learned counsel for the petitioner submits that the present incident arises out of a land dispute and moreover no specific overt act has been attributed to the petitioner herein.

Patna High Court Cr.Misc. No.69820 of 2018(2) dt.11-12-2018 2/2 It is further submitted that the petitioner is having a fair antecedent inasmuch as he is an accused in one another case but he is on bail in the said case. The petitioner is stated to be languishing in custody since 13.09.2018. Lastly, it is submitted that the co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 06.10.2018 passed in Criminal Misc. No. 60495 of 2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Hathua P.S. Case No. 117 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T