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Patna High CourtCR. MISC./2163/2016bail granted

Paltan Mukhiya And ANR. v. The State Of Bihar

2016-01-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2163 of 2016 Arising Out of PS.Case No. -42 Year- 2015 Thana -KUSHESHWARSTHAN DistrictMADHEPURA ======================================================

1. Paltan Mukhiya, Son of Late Saryug Mukhiya,

2. Shailendra Mukhiya, Son of Paltan Mukhiya, Both are residents of village - Bari (Barna), Police Station - Kusheshwar Asthan, District - Darbhanga. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. C. Sen Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 18-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Kusheshwar Asthan P.S. Case No. 42 of 2015 registered under Sections 147, 149, 341, 323, 324, 307 and 379 of the Indian Penal Code and Section 27 of the Arms Act. It is contended that co-accused Hare Ram Mukhiya and 15 others named in the FIR whose case is more or less identically situated to that of the petitioners have already been granted anticipatory bail by a co-ordinate Bench of this court

Patna High Court Cr.Misc. No.2163 of 2016 (2) dt.18-01-2016 2 / 2 vide order dated 02.09.2015 passed in Cr. Misc. No. 22083 of 2015.

Learned counsel for the State does not dispute this fact.

Regard being had to the reasons assigned in the aforesaid order dated 02.09.2015, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Biroul at Benipur, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 42 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T