Dularchand Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33119 of 2016 Arising Out of PS.Case No. -130 Year- 2016 Thana -BASANTPUR District- SIWAN ======================================================
1. Dularchand Prasad
2. Pramod Prasad Both Sons of Late Jagarnath Prasad
3. Chandu Prasad, son of Jai Prakash
4. Birendra Prasad, Son of Amika Prasad Petitioner no. 1 to 3 are resident of Village- Korar, P.S. Basantpur, District- Siwan Petitioner No. 4 resident of Village- Rampur, P.S- Basantpur, DistrictSiwan. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ashok Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody since 25.06.2016 in connection with Basantpur P.S. Case No. 130 of 2016 for the offences alleged under Sections 147, 148, 149, 308, 427, 504 of the Indian Penal Code.
3. It is submitted that the petitioners have been falsely implicated as the place of occurrence is under possession of the petitioners as declared by the Sub-Divisional Magistrate, Maharajganj in a proceeding under section 145 of the Cr.P.C. in Trial No. 110/2013 by order dated 10.06.2013 and affirmed in Revision No. 177 of 2013. The informant side did not succeed in the application filed under section 482 of the Cr.P.C. before this Court in Cr. Misc. No. 55721 of 2015 which stood dismissed on 13.05.2016. Thereafter the present first information report was instituted.
Patna High Court Cr.Misc. No.33119 of 2016 (2) dt.20-08-2016 2/2
4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 130 of 2016. (Vikash Jain, J) B.T/Ibrar U T