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Patna High CourtCR. MISC./13399/2015bail granted

Ramadhar Singh And ORS v. The State Of Bihar

2015-05-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13399 of 2015 Arising Out of PS.Case No. -236 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ramadhar Singh, son of late Asarfi Singh

2. Tejan Singh @ Tej Narayan Singh, son of Ramadhar Singh

3. Chinku Singh @ Chinku Kumar @ Chinku Kumar Singh, son of Bhola Singh

4. Mantu Kumar @ Mantu Kumar Singh, son of Tejan Singh @ Tej Narayan Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 147/148/341/323/324/307/379/504/34 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that petitioner no.2 Tejan Singh resorted to fire but no injury was caused to the informant but, subsequently, petitioner no.2 assaulted with butt of the pistol on the head of the informant whereas other petitioner assaulted the informant with 'lathi' spade and 'farsa'. The accused persons took away Rs.3000/- cash and grocery articles worth Rs.20,000/- from the grocery shop of the informant.

Patna High Court Cr.Misc. No.13399 of 2015 (2) dt.06-05-2015 2/2 It is submitted by learned counsel for the petitioners that for the occurrence of 07.10.2014, the FIR was registered on 13.10.2014 whereas the petitioner no.3 lodged Keshariya P.S. Case No.234 of 2014 against the informant and others. The injury of the informant found to be simple in nature whereas the petitioners' side received gun shot injury. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Keshariya P.S. Case No.236 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T