Billu Bahardar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12364 of 2019 Arising Out of PS. Case No.-349 Year-2018 Thana- BAIRGACHHAI District- Araria ====================================================== 1.
BILLU BAHARDAR AND ORS Son of Sanichar Bahardar 2.
Manoj Bahardar Son of Kartik Bahardar @ Kartik Lal Bahardar 3.
Niraj Bahardar Son of Bidyanand Bahardar @ Vidyanand Singh 4.
Shivanand Bahardar Son of late Panch Lal Bahardar 5.
Ranjeet Bahardar Son of Shivanand Bahardar 6.
Prakash Bahardar Son of Shivanand Bahardar 7.
Umesh Bahardar Son of Shivanand Bahardar 8.
Manoj Bahardar Son of Late Narayan Bahardar 9.
Mithu Bahardar Son of Late Narayan Bahardar 10.
Vijay Bahardar Son of Late Narayan Bahardar All are resident of Village - Rampur Mohanpur ward no. 08, P.S. and District - Araria.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-04-2019 Heard learned counsel for the parties.
The petitioners are apprehending their arrest in connection with Araria (Bairgachhi) P.s.Case nO.349 of 2018 dated 8.6.2018 , registered for offences punishable under Sections 341, 323, 324, 326, 354, 379, 504/34 of the Indian Penal Code.
Allegation against the petitioners and other accused
Patna High Court CR. MISC. No.12364 of 2019(3) dt.29-04-2019 2/3 persons is of assault to the informant and there is specific allegation against Airudh Bahardar of assault by Farsa and reason behind the occurrence is said to be previous cases due to which the accused persons were annoyed.
Submission of the learned counsel for the petitioners is that there is no specific allegation against any of the petitioners rather the specific allegation is against one Anirudh Bahardar and though the petitioners are accused in four other cases but all the cases have been lodged at the instance of the informant.
Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating the due to lodging of the previous cases, they have assaulted the informant..
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in
Patna High Court CR. MISC. No.12364 of 2019(3) dt.29-04-2019 3/3 connection with Araria (Bairgachhi) P.S.Case No.349 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid direction, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T