Hira Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53410 of 2018 Arising Out of PS. Case No.-360 Year-2017 Thana- RAJAOLI District- Nawada ======================================================
1. Hira Prasad, S/o Late Somar Mahto,
2. Deepak Kumar @ Dipu, S/o Hira Prasad, Both R/o Vill.- Satgir, P.S.- Rajauli, District- Nawada.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Lilawati Singh, Advocate.
For the Opposite Party :
Smt. Anita Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 341, 323, 324, 307 and 379/34 of the IPC.
The prosecution story, in brief, is that on 21.11.2017 at about 10 A.M., the informant alongwith his family members went to his field for cutting paddy crops. At that time, all the accused persons including the petitioners armed with various weapons came there and petitioner no. 1 Heera Yadav told to kill them as they were cutting paddy crops and petitioner no. 1 Heera Prasad assaulted the informant's father Ramashish Yadav with Saif causing head injury and when the informant and others
Patna High Court Cr.Misc. No.53410 of 2018(4) dt.20-11-2018 2/3 ran to save, co-accused Ramjee Prasad assaulted his uncle Ramchandra Prasad on his head with Garasa and thereafter coaccused Anandi Prasad assaulted his cousin brother Ram Jatan Prasad with Pasuli causing cut injury on his hand and thereafter petitioner no. 2 Deepak Kumar assaulted the informant with Tangi causing head injury due to which he fell down there unconscious and thereafter co-accused Nawlesh Kumar took out Rs. 12,000/- from his pocket and co-accused Pawan Kumar committed theft of his mobile.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Both parties are agnates. Due to family dispute, alleged occurrence has taken place. Petitioner no. 1 is alleged to have assaulted on the head of Ramashish Yadav, father of the informant. The said injury is said to be simple. Petitioner no. 2 is said to have assaulted on the head of the informant. The said injury is grievous in nature. On behalf of the State, it is submitted that the petitioners are named in the F.I.R. Petitioner no. 1 is said to have assaulted on the head of Ramashish Yadav, father of the
Patna High Court Cr.Misc. No.53410 of 2018(4) dt.20-11-2018 3/3 informant. He sustained two injuries. First injury is said to be simple. Second injury is said to be grievous. As far as petitioner no. 2 is concerned, he is said to have assaulted on the head of the informant whose nature of injury is said to be grievous. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioners. The same is rejected in connection with Rajauli P.S. Case No. 360/2017, pending in the court of learned A.C.J.M. Nawada. Anyhow, if the petitioners surrender and pray for regular bail in the court below, the same shall be considered on its own merit without being prejudiced by this order of the Court. U.K./- (Sudhir Singh, J) U T