Shivdani Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76361 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- NEMDARGANJ District- Nawada ====================================================== 1.
Shivdani Prasad Son of Late Narayan Prasad Resident of Village - Lodipur, P.S. - Nemdarganj, District - Nawada 2.
Rajeev Kumar @ Raju Son of Shivdani Prasad Resident of Village - Lodipur, P.S. - Nemdarganj, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate For the State :
Mr. Anuj Kumar Shrivastava, APP For the Informant :
Mr. Arjun Prasad No. 1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-11-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered under Sections 147, 148, 149, 341, 323, 447, 325, 448, 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, allegation against the petitioner no. 1 is that he attempted to fire but he missed it and allegation against the petitioner no. 2 is that he assaulted the informant and Sohar Prasad and Radheshyam Kumar, due to which they sustained injuries.
4. Learned counsel appearing on behalf of the petitioners
Patna High Court CR. MISC. No.76361 of 2024(2) dt.25-11-2024 2/2 submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that both parties are co-villagers and next door neighbours and due to land dispute, a free-fight took place between them in which both parties have sustained injuries. Case and counter case. The injuries of the injured are simple in nature.
5. Learned counsel for the State as well as for the informant opposed the bail application.
6. Having considered the aforesaid facts and circumstances of the case as well as the nature of injuries, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nemdarganj P.S. Case No. 209 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Ashok Kumar Pandey, J) utkarsh/- U T