Sanjay Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43504 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -ARIYARI District- SEKHPURA ======================================================
1. Sanjay Kumar S/o Baleshwar Mahto
2. Baleshwar Mahto @ Baleshwar Prasad S/o Late Gyan Mahto .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-11-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Ariyari P.S. Case No. 87 of 2016 registered under Sections-379, 307 & other minor sections of the Indian Penal Code and Sections20/25 of Telegraph Act. According to prosecution case itself, petitioners were working as guards prior to institution of the present case and when the informant, being technician, went to visit the site, petitioners made obstruction in his work and petitioner No. 1 gave Katta blow to the informant but admittedly, the informant did not sustain any injury.
Submission on behalf of petitioners is that no such occurrence as alleged in the first information report did ever take
Patna High Court Cr.Misc. No.43504 of 2016 (2) dt.30-11-2016 2/2 place and as a matter of fact, the informant lodged this false case with exaggerated story.
Considering the above-said facts and circumstances of the case as well as submission of the parties and also taking note of this fact that petitioners do not have any criminal antecedent, this anticipatory bail petition is allowed and it is ordered that the petitioners named above, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Ariyari P.S. Case No. 87 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Sheikhpura subject to condition as laid down u/S 438(2) of the Code of Criminal Procedure Code. (Hemant Kumar Srivastava, J) A.K.V./- U T