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Patna High CourtCR. MISC./15941/2018bail granted

Santosh Mistry And ANR v. The State Of Bihar

2018-04-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15941 of 2018 Arising Out of PS.Case No. -385 Year- 2015 Thana -WAJIRGANJ District- GAYA =====================================

1. Santosh Mistry,

2. Rahul Kumar, Both Sons of Mathura Mistry and both R/o Village- Basua Tola, Pabhipur, P.S.- Wazirganj, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the Opposite Party/s : Mrs. Asha Kumari, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-04-2018 The petitioners seek bail in anticipation of their arrest in connection with Wazirganj P.S. Case No. 385 of 2015, dated 12.09.2015, instituted for the offences punishable under Sections 341, 323, 307 and 34 of the Indian Penal Code.

The petitioner No. 1 is said to have assaulted the informant with an iron rod on his head, leading to injuries on his person. The petitioner No. 2 and the father of the petitioners are also alleged to have assaulted other persons.

Patna High Court Cr.Misc. No.15941 of 2018 (2) dt.06-04-2018 2/2 There appears to be a dispute over the possession of a plot of land.

Learned counsel for the petitioners has submitted that prior to the lodging of the present case, the petitioner No. 1 had also lodged a case against the informant and others vide Wazirganj P.S. Case No. 360 of 2015. In the aforesaid case, the petitioner No. 1 has been injured. From the injury reports of the informant and others, it appears that they have suffered simple injuries caused by hard and blunt substance.

The petitioners do not have any criminal antecedent.

Considering the aforesaid background facts of the case, let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, 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 to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No. 385 of 2015. (Ashutosh Kumar, J) Praveen-II/- U T