Jai Prakash Ram @ Jai Prakash Kumar @ Jai Prakash Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71666 of 2019 Arising Out of PS. Case No.-246 Year-2017 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Jai Prakash Ram @ Jai Prakash Kumar @ Jai Prakash Mukhiya Son of Dharmdeo Ram Resident of Village - Chhotka Nuawan, P.S.- Buxar (M), Distt.- Buxar ... Petitioner

Versus

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

For the Petitioner :

Mr.Arun Kumar Gupta, Advocate For the Opposite Party :

Mr.Ramchandra Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code on the allegation that he instigated other accused persons to assault the informant. Thereafter, all the accused persons including the petitioner assaulted the informant with lathi, rod etc.

Learned counsel for the petitioner submits that the petitioner, being Mukhia of the Panchayat, tried to mediate to resolve the dispute between the parties which failed and the instant case was lodged by one of the parties also implicating him. Injuries sustained by the victim have been found to be simple in nature. Parties have entered into compromise as per Annexure 3.

In view of the facts and circumstances of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Buxar Mufassil Police Station Case No.

Patna High Court CR. MISC. No.71666 of 2019(2) dt.20-11-2019 2/2 246 of 2017 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T