Keshav Narayan Prasad @ Mahanth Prasad And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27916 of 2015 Arising Out of PS.Case No. -70 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Keshav Narayan Prasad @ Mahanth Prasad Son of Late Ramsunar Prasad

2. Prakash Kumar @ Raju Kumar Son of Mahanth Prasad Both are residents of village - Karuaini, P.S. Sugauli, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2015 The petitioners are apprehending their arrest in connection with Sugauli P.S. Case No. 70 of 2015 for the offences instituted under Sections 341, 342, 323, 307, 379/34 of the Indian Penal Code.

Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that on 18.2.2015 while the informant was getting boundary of his land constructed, the accused persons came there and assaulted by lathi on the head of the informant and also snatched away valuable of the victim worth Rs. 42,000/-. After assaulting, the informant fell down and

Patna High Court Cr.Misc. No.27916 of 2015 (2) dt.22-07-2015 2/2 became unconscious.

It has been submitted on behalf of the petitioners that the petitioners and the informant are agnates. It is further submitted that there is a partition suit pending between the parties vide P.S. Case No. 156/34 of 1985/1991. It is also submitted that there is a land dispute between the parties.

On behalf of the State and the informant, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Sugauli P.S. Case No. 70 of 2015 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 Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Mahesh/- U T