Bablu Hari @ Bablu Mehtar @ Godu Hari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35284 of 2017 Arising Out of PS.Case No. -279 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Bablu Hari @ Bablu Mehtar @ Godu Hari, Son of Late Sudin Hari,

2. Puran Paswan Son of Anirudh Paswan, Both R/o Village- Amrit Lal Lane, P.S.- Barari, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in judicial custody in connection with Kotwali (Barari) P.S. Case No. 279 of 2016 for offences punishable under Sections 147, 148, 149, 323, 324, 307, 379, 354-A and 448 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he and his family was in the house at night at 8.00 p.m., the petitioner along with five other named accused persons and 56 un-named accused persons, armed with weapons, came to the house of the informant and started assaulting all the family members. Allegation upon the petitioner is of assaulting the son of

Patna High Court Cr.Misc. No.35284 of 2017 (2) dt.18-08-2017 2/2 the informant Krishna Mohan Hari by means of Farsa. It has been submitted by the learned counsel for the petitioner that he is innocent. Petitioner no. 1 bears no criminal antecedent although as many as two cases are pending against petitioner no. 2 which is of the year 2000 and that the injury report of Krishna Mohan Hari is simple and caused by hard blunt substance.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 279 of 2016 subject to the condition that one of the bailors would be a close relative of the petitioners and that petitioners will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of their bail bonds.

(Nilu Agrawal, J) sushma/- U T