Ravindra Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24938 of 2018 Arising Out of PS.Case No. -145 Year- 2017 Thana -NAGARNAUSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Ravindra Prasad, Son of Late Awadh Bihari Singh @ Late Awadh Bihari Prasad,

2. Raushan Kumar, Son of Ravindra Prasad, Both resident of VillageNagarnausa, P.S.- Nagarnausa, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Md. Ashlam Ansari, AAP For the Informant : Anil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2018 Heard.

The petitioners seek regular bail in connection with Nagarnausa P.S. Case No. 145 of 2017 for the offences punishable under Sections 302 and 120(B) of the Indian Penal Code. The allegation is regarding the accused persons including the petitioners herein having assaulted the deceased resulting in his death.

The learned counsel for the petitioners, referring to para 20 and 21 of the case diary, has submitted that quarrel had taken place between one son of the petitioners and one of the accused persons and the petitioners herein, who have also been

Patna High Court Cr.Misc. No.24938 of 2018 (4) dt.05-07-2018 2/2 arrayed as accused, had intervened to pacify the matter. It is further submitted by referring to para 21 and 71 of the case diary that the petitioners had taken the deceased to the hospital for treatment, hence it is submitted that there was no mala fide on the part of the petitioners as well as there was no intention on their part to commit murder of the deceased. It is further submitted that though the F.I.R. was registered under sections 302, 120(B) I.P.C. but the charge sheet has been filed under section 304/34 of the I.P.C. Lastly it is submitted that the petitioners are having a clean antecedent and the petitioner no.1 is languishing in custody since 31.12.2017 and the petitioner no.2 is languishing in jail since 29.01.2018.

Par-contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hilsa (Nalanda) in connection with Nagarnausa P.S. Case No. 145 of 2017.

(Mohit Kumar Shah, J) BTiwary/-Md Rashid U T