Patna High CourtCR. MISC./11494/2017allowed

Arjun Rai And ANR v. The State Of Bihar

2017-05-17Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.11494 of 2017 (3) dt.17-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11494 of 2017 Arising Out of PS.Case No. -257 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Arjun Rai

2. Pankaj Kumar Both Sons of Baleshwar Rai Both are Resident of VillageMathura, P.S. Bidupur, District Vaishali at Hajipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Tiwary For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-05-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bidupur Police Station Case No. 257 of 2016, disclosing offences under Sections 147, 148, 149, 323, 341, 324, 307, 354 and 379 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, these petitioners have been made accused in this case merely on the ground that earlier the petitioners have lodged an F.I.R. against the informant and his family members, which is annexure-3. Admittedly, altercation took place and a case and counter has been lodged by both the

Patna High Court Cr.Misc. No.11494 of 2017 (3) dt.17-05-2017 parties as both of them have sustained injuries, which evident from supplementary affidavit filed by the petitioners. Hence, the petitioners, who are said to be of clean antecedents, deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, be released 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, Vaishali at Hajipur, in connection with Bidupur Police Station Case No. 257 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T