Patna High CourtCR. MISC./3166/2017bail granted

Rahul Kumar And ORS v. The State Of Bihar

2017-02-03Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3166 of 2017 Arising Out of PS.Case No. -135 Year- 2016 Thana -FATUHA District- PATNA ======================================================

1. Rahul Kumar, S/o Kamlesh Singh

2. Kamlesh Singh @ Kaleshwar Singh

3. Satyendra Singh @ Shailendra Kumar Both Sons of late Raj Bali Singh All Residents of Village- Budhuchak, P.S.- Fatuha, Distt. Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madan Prasad Singh No-2, Advocate. For the Opposite Party/s : Smt. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

It has been submitted that as per the written report there is general and omnibus allegation against the petitioners. The fight has taken place from both sides and a counter case has also been filed as Fatuha P.S. Case No. 125 of 2016 in which Kamlesh Singh (petitioner No.2) is the informant. It is apparent from paragraph-3 of the bail petition that the petitioners have clean antecedents.

Patna High Court Cr.Misc. No.3166 of 2017 (2) dt.03-02-2017 2/2 From the written report it appears that there is specific allegation against one Umesh of assaulting on the head of the informant with butt of the pistol.

Considering the facts and circumstances of the case, let the petitioners above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Fatuha P.S. Case No. 135 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Ms. Jabin Jamal, learned Judicial Magistrate, 1st Patna City, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T