Girija Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54402 of 2015 Arising Out of PS.Case No. -155 Year- 2015 Thana -SIRDALA District- NAWADA ====================================================== Girija Prasad, Son of late Bodho Prasad, Resident of village - Hero Tola Thanu Bigha, P.S. Sirdalla (Meskaur) District - Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indradeo Prasad For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act.

The prosecution case is that the accused persons came variously armed and started abusing the informant by calling caste name when co-accused Rajkumar Yadav fired but no injury was caused to anyone. It is alleged that this petitioner assaulted with the butt of the gun to the father-in-law of the informant when co-accused Upendra Yadav assaulted with lathi to the informant's family.

It is submitted by learned counsel for the petitioner that the informant side claiming the land of the

Patna High Court Cr.Misc. No.54402 of 2015 (2) dt.01-12-2015 2/2 petitioner and in that background the accusation has been levelled. For the occurrence of 09.08.2015 at 10.30 A.M. the FIR was registered on 10.08.2015 at 8.30 P.M. which reached to the court of learned ACJM on 13.08.2015. The delayed reaching of the FIR to the court suggests that the FIR has been registered antedating. There is counter version of the occurrence also and petitioner side case was registered at earlier point of time. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the nature of accusation in the background of land dispute and the case of the petitioner at earlier point of time, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Nawada in connection with Sirdalla P.S. Case No. 155 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.