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Patna High CourtCR. MISC./14115/2021bail granted

Dhanik Lal Kushwaha @ Dhanik Lal Singh v. The State Of Bihar

2022-01-12Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14115 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- SANJHOLI District- Rohtas ====================================================== 1.

DHANIK LAL KUSHWAHA @ DHANIK LAL SINGH Son of Late Hari Kushwaha Resident of village- Tendua, P.S. Sanjhauli, District - Rohtas. 2.

RAHESH KUSHWAHA @ AJAY KUMAR SINGH Son of Late Jai Ram Kushwaha Resident of village- Tendua, P.S. Sanjhauli, District - Rohtas. 3.

RAKESH KUSHWAHA @ RAKESH SINGH Son of Manai Kushwaha Resident of village- Tendua, P.S. Sanjhauli, District - Rohtas. 4.

NANAHAK @ MANIK CHAND KUSHWAHA Son of Gama Kushwaha Resident of village- Tendua, P.S. Sanjhauli, District - Rohtas. 5.

MOHIT KUSHWAHA @ PSPENDRA KUMAR Son of Satendra Kushwaha Resident of village- Tendua, P.S. Sanjhauli, District - Rohtas. 6.

BIDYA KUSHWAHA @ BIDYA KUMAR Son of Rahesh Kushwaha Resident of village- Tendua, P.S. Sanjhauli, District - Rohtas. 7.

RAJ KUMAR @ RAJ KUMAR SINGH Son of Keshwar Singh Resident of village- Tendua, P.S. Sanjhauli, District - Rohtas. 8.

PARBINDRA KUMAR Son of Raman Singh Resident of village- Tendua, P.S. Sanjhauli, District - Rohtas.

9.

AMARKANT @ AMAL KANT KUMAR Son of Raj Kumar Resident of village- Tendua, P.S. Sanjhauli, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-01-2022 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State through video conferencing.

The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one

Patna High Court CR. MISC. No.14115 of 2021(2) dt.12-01-2022 2/3 month.

The petitioners apprehend their arrest in connection with Sanjhauli P.S. Case No. 82 of 2020 registered for offence punishable under sections 147, 148, 149, 341, 323, 307, 354 of the Indian Penal Code and section 27 of the Arms Act. The informant Ramji Singh lodged FIR stating therein that the FIR named accused persons 17 in number variously armed with Gadhil, Banduk, Kudal, Katta etc. were roaming in the night and abusing the members of the informant party. In the morning, after violating the norms of lock down, they started assaulting and abusing the members of the informant party. The learned counsel for the petitioners has submitted that it is a case of free fight between two groups and it is counter blast of Sanjhauli P.S. Case No. 81 of 2020 lodged by the petitioners' side. He has further submitted that both the parties have sustained injuries, but the injuries sustained by the members of the petitioners' side are more severe and some of the members of the petitioners' side have also sustained fire arm injuries.

Considering the above mentioned facts and circumstances, the petitioners above named, in the event of their arrest or surrender, within four weeks from today, are directed

Patna High Court CR. MISC. No.14115 of 2021(2) dt.12-01-2022 3/3 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 Additional Chief Judicial Magistrate-IX, Patna in connection with Sanjhauli P.S. Case No. 82 of 2020, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T