Shambhu Patel And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54925 of 2015 Arising Out of PS.Case No. -137 Year- 2015 Thana -HATHUA District- GOPALGANJ ======================================================
1. Shambhu Patel S/o Sri Kishun Prasad
2. Manoj Patel s/o Sri Kishun Prasad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harendra Prasad, Advocate For the Opposite Party/s : Mr. Uday Chand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.
The prosecution case is that the informant's brother Saheban Ali was assaulted by the accused persons. On alarm being raised then informant and his other brother, Raju Mian, father. Jhulan Mian and his wife. Khushbun Nessa. rushed to rescue then they were also assaulted by the accused persons. The cause of committing crime is that the informant's side used to protest for selling of illicit liquor by the accused persons. It is submitted by learned counsel for the petitioners that the injuries have been found to be simple in nature. Though,
Patna High Court Cr.Misc. No.54925 of 2015 (2) dt.04-12-2015 2/2 with regard to some of the injuries opinion has been kept reserved. There is counter version of the occurrence also wherein petitioners' side have also received injuries. Moreover, a statement has been made in paragraph 3 of the petition 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 Judicial Magistrate, 1st Class, Gopalganj in connection with Hathua P.S. Case No.137 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T