Ashok Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27324 of 2016 Arising Out of PS.Case No. -242 Year- 2015 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Ashok Prasad son of Jagdish Prasad, resident of Bara Bigha, P.S. Noorsarai, Distt. Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 341, 323, 307/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that due to land dispute accused persons beat the informant and also fired shot at her which made her injured. Petitioner, who is husband of the informant, came to save her wife and he has been made accused in this case by the police in connivance with the accused persons.

It is submitted on behalf of the petitioner that he has got no criminal antecedent. The F.I.R. was instituted by the wife of the petitioner alleging that she had sustained injury caused by the brother of the petitioner. Subsequently, police in connivance with the accused persons got the petitioner made accused in the present case with the allegation that he fired which caused injury on the palm of the informant. There is admitted land dispute between the parties. Both parties are agnates. The injury is on the non-vital part of the body.

On behalf of the State, it is submitted that petitioner is not named in the F.I.R. His name has come in course of

Patna High Court Cr.Misc. No.27324 of 2016 (2) dt.13-07-2016 2/2 investigation.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his/her arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bihar Sharif (Nalanda), in connection with Noorsarai P.S. Case no. 242 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T