← Library
Patna High CourtCR. MISC./2610/2018allowed

Kameshwar Prasad @ Kameshwar Bhagat @ Kamleshwar Bhagat And ANR v. The State Of Bihar

2018-01-15Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2610 of 2018 Arising Out of PS. Case No.-143 Year-2017 Thana- MADHUBAN District- East Champaran ======================================================

1. Kameshwar Prasad @ Kameshwar Bhagat @ Kamleshwar Bhagat, Son of Late Bhola Bhagat,

2. Dasai Bhagat, Son of Late Ramautar Bhagat @ Ramadhar Bhagat, Both are resident of Village- Sawangiya, P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Mr. SRI JAI NARAIN THAKUR ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-01-2018 Heard both sides..

Both the petitioners have prayed for anticipatory bail in connection with 147,149, 341,323,447,448,324, 307, 354, 504, 506 and Section 3⁄4 of the Prevention of Witch (Daain) Practice Act.

It is submitted that the specific allegation of causing injury is attributed to co- accused Lal Babu Prasad. Like co-accused Gopal Prasad, Ashok Prasad and Ravindra Prasad there is no specific allegation against the present petitioners. It is also highlighted that prior thereto a case was also lodged by the present accused party. Both the parties are neighbours and close relatives. Owing to land dispute the case

Patna High Court Cr.Misc. No.2610 of 2018(2) dt.15-01-2018 2/2 has been lodged by both sides.

Considering the fact that there is no specific allegation attributed to the petitioners and also that some of the accused persons similarly circumstanced, have been granted the privilege of anticipatory bail vide order dated 12.12.2017 (Annexure-3), let the petitioners, named above, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released 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 the learned C.J.M. Motihari at Motihari East Champaran in Madhuban P. S. case no.143 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailors in each case shall be the own/close family members of the petitioners.

(Kishore Kumar Mandal, J) shyambihari/- U T