Bhola Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19705 of 2017 Arising Out of PS.Case No. -398 Year- 2016 Thana -KADAMKUAN District- PATNA ======================================================

1. Bhola Prasad, son of late Ambika Prasad

2. Gautam Kumar, son of Bhola Prasad

3. Uttam Kumar @ Uttam Kumar Dev, son of Bhola Prasad, All resident of Arya Kumar Road, Machhua Toli, P.S. Kadam Kuan, District- Patna (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-05-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Kadamkuan P.S. Case No. 398 of 2016 for the offences under Sections 342, 384, 323, 379, 506, 504/34 of the Indian Penal Code.

The allegation against the petitioners, as appears from the FIR, is that they surrounded the informant and threatened of dire consequences if Kadamkuan P.S. Case No. 180 of 2016 and Kadamkuan P.S. Case No. 142 of 2016 lodged against the petitioners are not compromised or withdrawn. In paras 6 and 7 of the petition there is statement to the effect that there is land dispute between the parties and due to

Patna High Court Cr.Misc. No.19705 of 2017 (2) dt.29-05-2017 2/2 the aforesaid reason, the petitioners have been implicated in the instant case.

Having regard to the statements made in paras 6 and 7 of the petition, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Patna in connection with Kadamkuan P.S. Case No. 398 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) S.Pandey/- U T