Ashok Patel And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29360 of 2015 Arising Out of PS.Case No. -119 Year- 2014 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ashok Patel S/o Vishwanath Patel

2. Pramod Patel S/o Vishwanath Patel

3. Ranjan Patel @ Rajan Patel S/o Raghunath Patel All are Resident of Village Pakhnaha, P.O. and P.S. Bairiya, District West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2015 Heard learned counsels for the petitioners, informant and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,307 and 504/34 of the Indian Penal Code.

It is alleged that the petitioners overtook the informant while he was travelling on a Maruti car. The firing made by petitioner no. 2 hit on the car whereas the firing made by petitioner no. 1 Ashok Patel caused injury to the informant.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.29360 of 2015 (2) dt.27-07-2015 2/3 petitioners that there is a counter version of the occurrence also and for the occurrence of 4.6.2014 the FIR was registered on 11.6.2014.

It is submitted by learned counsel for the informant that specific accusation of firing is against petitioner no. 1 Ashok Patel and Pramod Patel though firing of Pramod did not cause any injury.

Considering the fact that there is no overt act alleged against petitioner no. 3 and firing made by petitioner no. 2 actually did not hit the informant, let the above named petitioner nos. 2 and 3 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 119 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

So far as the petitioner no. 1 Ashok Patel is concerned, let the learned court below consider the prayer for regular bail of the petitioner no. 1 in case the

Patna High Court Cr.Misc. No.29360 of 2015 (2) dt.27-07-2015 3/3 petitioner no. 1 surrenders within six weeks from today in connection with the aforementioned case pending in the court of learned C.J.M., Bettiah, West Champaran. (Dinesh Kumar Singh, J) Anil/- U T