Shiv Kumar Gautam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23618 of 2019 Arising Out of PS. Case No.-173 Year-2018 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Shiv Kumar Pancham, Son of Umakant Choudhary, Resident of Village - Rasidpur, P.S.- Bachhawara, Distt - Begusarai. 2.

Suman Kumar Choudhary Son of Umakant Choudhary Resident of Village - Rasidpur, P.S.- Bachhawara, Distt - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 26436 of 2019 Arising Out of PS. Case No.-173 Year-2018 Thana- BACHHWARA District- Begusarai ====================================================== Shiv Kumar Gautam, Son of Umakant Choudhary, Resident of Village - Rasidpur, P.S.- Bachhawara, Dist.- Begusari.

... ... Petitioner/s

Versus

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

(In both the cases) For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-07-2019 As both the cases, i.e., Criminal Miscellaneous No.23618 of 2019 and Criminal Miscellaneous No. 26436 of 2019 arising out of the same P.S. Case Number and as such, both are taken up together for disposal of the same. This is an application for grant of anticipatory bail in connection with Bachhawara P.S. Case No.173 of 2018, disclosing offences under Sections 147, 149, 341, 323 & 307 of

Patna High Court CR. MISC. No.23618 of 2019(6) dt.29-07-2019 2/3 IPC.

Allegation against the petitioners in Criminal Miscellaneous No. 23618 of 2019 of assault by Fasli to the informant, causing injury and allegation against the petitioner in Criminal Miscellaneous No. 26436 of 2019 is of assault by Spade to the son of the informant and also allegation against the petitioner no.1 in Criminal Miscellaneous No. 23618 of 2019 is of assault by rod to Rahul.

Submission of the learned counsel for the petitioners is that there is case and counter case between the parties and also the injuries are simple in nature, except of one Rahul, which has been attributed against the petitioner no.1 and the opinion of the Doctor is kept reserved.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, both applications are allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Bachhawara P.S. Case No.173 of 2018, subject to the condition

Patna High Court CR. MISC. No.23618 of 2019(6) dt.29-07-2019 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunil shukla/- U T