Mukesh Chandra Kishore And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.49519 of 2014 (2) dt.14-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49519 of 2014 Arising Out of PS.Case No. -1059 Year- 2012 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Mukesh Chandra Kishore Son of Mahavir Prasad

2. Raju Prasad Gupta Son of Mahavir Prasad

3. Umesh Prasad Gupta Son of Mahahvir Prasad

4. Mahavir Prasad Son of Late Shiv Deni Saw All Resident of Village/Mohallla - Anurgah Nagar, Ward no. 31 Aurangabad, Police Station Aurangabad Town District - Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-05-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 1059 of 2012 registered for the offences punishable under Sections 341, 323, 379 and 427 of the Indian Penal Code.

At the very outset, learned counsel for the petitioners submits that the petitioner no. 1, namely, Mukesh Chandra Kishore has already been arrested and accordingly, the application for anticipatory bail as against petitioner no. 1 stands dismissed being infructuous.

Patna High Court Cr.Misc. No.49519 of 2014 (2) dt.14-05-2015 So far as petitioner nos. 2, 3 and 4 are concerned, they are also partners of the complainant and first cousins and they have been conducting a business of computer together. It appears that for reasons best known to themselves, a dispute arose leading to altercation in which the proceeding under Section 107 Cr.P.C. was drawn against the complainant by the present petitioner. It is further submitted that as a counter to the said case, the present case has been lodged.

Considering the nature of allegation and also the fact the petitioners have got no criminal antecedents, let the petitioner nos. 2, 3 and 4 , in the event of their arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, is/are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Aurangabad in connection with Complaint Case No. 1059 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.. (Anjana Mishra, J) Jagdish/- U T