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Patna High CourtCR. MISC./7681/2018allowed

Vinay Singh @ Vinay Kumar And ANR v. The State Of Bihar

2018-02-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7681 of 2018 Arising Out of PS.Case No. -109 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Vinay Singh @ Vinay Kumar, Son of Kailash Singh @ Kailash Prasad, Resident of Village- Mohanpur, P.S.- Muffasil, District- Begusarai.

2. Gopal Singh @ Gopal Kumar, Son of Ram Shankar Singh, Resident of Village- Rahatpur, P.S.- Ballia, Dist- Begusarai .... Petitioners

Versus

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

For the Petitioners : Mr. Sandip Kumar Gautam, Adv. For the Opposite Party : Mr. Abhay Kumar - 1, APP 186 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-02-2018 Heard the learned counsel for the petitioners and the learned counsel appearing for the State.

The petitioners are apprehending arrest in connection with Town P.S. Case No. 109 of 2017 for offences under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. The counsel for the petitioners submits that from the perusal of the fardbeyan, it appears that the petitioners have been named in this case only because the fact that petitioner no. 1 is the owner of Gautum Transport and petitioner no. 2 is the colleague of petitioner no. 1. He submits that the petitioners have clean antecedent and they have been named in the instant case only because of the fact that the petitioner no. 1 is the owner of the rival transport and the scuffle arose on account of the competition between two transporters in chasing the passengers.

Patna High Court Cr.Misc. No.7681 of 2018 (2) dt.17-02-2018 2/2 Mr. Sandip Kumar Gautam, the learned counsel for the petitioners submits that there is case and counter case. He referred the injury report and submitted that the injury is only simple in nature.

In view of the above, the Court is inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above named, in the event of their arrest or surrender, within one month from the date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Town P.S. Case No. 109 of 2017 to the satisfaction of the Chief Judicial Magistrate, Begusarai, or successor Court, subject to the condition enumerated in Section 438(2) of the Criminal Procedure Code.

(Anil Kumar Upadhyay, J) SA/- U