Patna High CourtCR. MISC./6609/2015bail granted

Mithlesh Singh And ANR. v. The State Of Bihar

2015-02-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.6609 of 2015 (2) dt.19-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6609 of 2015 Arising Out of PS.Case No. -123 Year- 2014 Thana -BODH GAYA District- GAYA ======================================================

1. Mithlesh Singh Son of Ram Naresh Singh

2. Girijesh Kumar Son of Mithlesh Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar Sinha For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Bodh Gaya P.S. Case No. 123 of 2014 registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 325, 379, 506 of the Indian Penal Code.

The accusation against the petitioner no. 1 is that he gave iron rod blow causing fracture injury on the right hand of informant and furthermore, petitioners are said to have snatched belongings of the informant.

The contention on behalf of the petitioners is that the alleged occurrence took place due to land dispute and as a matter of fact, Khata No. 639, Plot No. 2693 has been recorded in the

Patna High Court Cr.Misc. No.6609 of 2015 (2) dt.19-02-2015 name of petitioner no. 1 and prosecution party forcibly wanted to take possession of the aforesaid land.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Bodh Gaya P.S. Case No. 123 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T