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Patna High CourtCR. MISC./17684/2021disposed

Mukesh Giri @ Mukesh Kumar Others v. The State Of Bihar

2021-11-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17684 of 2021 Arising Out of PS. Case No.-158 Year-2020 Thana- KAKO District- Jehanabad ====================================================== 1.

MUKESH GIRI @ MUKESH KUMAR Son of Baleshwar Giri 2.

Vikash Giri @ Vikku Giri @ Vikash Kumar 3.

Shani Giri @ Sanni Kumar Sons of Baleshwar Giri 4.

Kavi Giri @ Kavi Kumar 5.

Babi Giri @ Babi Kumar Sons of Late Kaushlendra Giri All are Resident of Village - Bhelawar, P.S.- Kako (Bhelawar O.P.), Distt.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-11-2021 Petitioner No. 1 Mukesh Giri @ Mukesh Kumar, who has got criminal antecedent, has already been arrested in this case. Hence, his prayer for anticipatory bail is dismissed as infructuous now.

Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court.

The petitioner nos. 2 to 5 are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 326, 307, 354, 504 and 506 of the Indian Penal Code. Petitioner Nos. 2 to 5 have got no criminal antecedent. They bear general and omnibus allegation of commission of assault.

Patna High Court CR. MISC. No.17684 of 2021(2) dt.24-11-2021 2/2 There is case and counter case.

Considering the facts of this case aforesaid, let the petitioner nos. 2 to 5, above named, in the event of their arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Kako (Bhelawar O.P.) Police Station Case No. 158 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner nos. 2 to 5 shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner nos. 2 to 5. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner nos. 2 to 5 shall not leave the country without permission of the learned trial court. (Birendra Kumar, J) Kundan/- U T