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Patna High CourtCR. MISC./47904/2015bail granted

Amit Kumar Sahay @ Amit Sahay @ Amit Kumar Shahy v. The State Of Bihar

2015-11-06Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47904 of 2015 Arising Out of PS.Case No. -154 Year- 2015 Thana -GUTHNI District- SIWAN ====================================================== Amit Kumar Sahay @ Amit Sahay @ Amit Kumar Shahy Son of Late Vinay Kumar Srivastava .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.48330 of 2015 Arising Out of PS.Case No. -154 Year- 2015 Thana -GUTHNI District- SIWAN ======================================================

1. Rinku Singh Son of Narayan Singh,

2. Bablu Singh, Son of Late Devi Sharma,

3. Shiv Kumar Bhagat, Son of Sugriw Bhagat .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.47904 of 2015) For the Petitioner/s : Mr. Anurag Saurav, Advocate For the Opposite Party/s : Mr. Bisheshwar Ram(App) (In Cr.Misc. No.48330 of 2015) For the Petitioner/s : Mr. Dudh Nath Singh, Advocate For the Opposite Party/s : Mr. R.S.Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-11-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 341, 323,307,352,353,379,504 and 506 of the Indian Penal Code. The prosecution case is that the informant being the Sub-Inspector of Police in Guthni police station along with other

Patna High Court Cr.Misc. No.47904 of 2015 (2) dt.06-11-2015 2/3 constables went for the evening round and for raid when the petitioners and others came in a Bolero vehicle and parked their vehicle in front of the vehicle of the informant, on being asked to remove the vehicle, the accused persons assaulted the driver of the informant and ultimately scuffled with the informant and others. It is also alleged that the accused persons took away the key of the government vehicle and gold chain of the driver of the informant.

It is submitted by learned counsel for the petitioners that only for hot exchange being made for making objection by the petitioners' side for parking the police vehicle on the main road, the present case has been lodged. The injury report of the driver of the informant suggests only complain of chest pain and headache and no injury has been found. Moreover, statement has been made in paragraph 3 of both the petitions that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Siwan in connection with

Patna High Court Cr.Misc. No.47904 of 2015 (2) dt.06-11-2015 3/3 Guthani P.S. Case No.154 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T