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Patna High CourtCR. MISC./13688/2019bail granted

Tufani Kushwaha And ORS v. The State Of Bihar

2019-03-08Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13688 of 2019 Arising Out of PS. Case No.-6 Year-2018 Thana- Thakraha District- West Champaran ====================================================== 1.

Tufani Kushwaha Son of Lakhraj Kushawaha Resident of Village - Rupahi, P.S.- Bhitaha, District- West Champaran 2.

Prabhawati Devi Wife of Tufani Kushwaha Resident of Village - Rupahi, P.S.-Bhitaha, District- West Champaran 3.

Sikandar Kushwaha @ Sikandra Kuswaha @ Sikandar Kumar Son of Tufani Kushwaha Resident of Village - Rupahi, P.S.-Bhitaha, District- West Champaran 4.

Chhotelal Kuswaha @ Harilal Prasad Son of Motichand Kushwaha Resident of Village - Rupahi, P.S.-Bhitaha, District- West Champaran 5.

Vidha Kuswaha Son of Rikhdev Kushwaha Resident of Village - Rupahi, P.S.-Bhitaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-03-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Thakaraha (Bhitaha) P. S. Case No. 06 of 2018 dated 10.01.2018 instituted for the offences under Sections 147, 149, 341, 323 and 302 of the Indian Penal Code.

Patna High Court CR. MISC. No.13688 of 2019(2) dt.08-03-2019 2/3 The petitioners were made accused in the subject F.I.R. and after protracted investigation, final report false was submitted against them. However, differing with the police report, cognizance has been taken against the petitioners as well.

Considering the nature of accusation against the petitioners as also taking into account that one of the accused persons has been granted anticipatory bail by a Bench of this Court, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Thakaraha (Bhitaha) P. S. Case No. 06 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

While saying so this Court has also taken note of

Patna High Court CR. MISC. No.13688 of 2019(2) dt.08-03-2019 3/3 the fact that the petitioners do not have any criminal antecedents.

(Ashutosh Kumar, J) skm/- U