Bidya Bhushan Kumar Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4361 of 2020 Arising Out of PS. Case No.-128 Year-2017 Thana- HATHUA District- Gopalganj ====================================================== 1.

Bidya Bhushan Kumar Baitha Son of Late Sheoshankar Baitha Resident of Village- Mirzapur, P.S.- Hathua, Distt- Gopalganj. 2.

Chandrajit Baitha Son of Surat Baitha @ Ramsurat Baitha Resident of Village- Mirzapur, P.S.- Hathua, Distt- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Irshad Ahmad Khan For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

04-03-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Hathua P.S. Case No. 128 of 2017 (Tr. No. 2147 of 2019) registered for the offence under Sections 341, 323, 324, 308, 337, 504 and 34 of the Indian Penal Code.

It is submitted on behalf of petitioners that there is case and counter case in between the parties. The dispute arose between the parties over the construction of road, in which, marpit took place between them. It is further submitted that the injuries have been found to be simple in nature caused by hard & blunt substance. Moreover, a compromise petition has already been filed in the court below on behalf of parties. Petitioners are

Patna High Court CR. MISC. No.4361 of 2020(2) dt.04-03-2020 2/2 having no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Mr. Udai Pratap, learned Judicial Magistrate 1st Class, Gopalganj in connection with Hathua P.S. Case No. 128 of 2017 (Tr. No. 2147 of 2019), subject to condition, as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T