Anirudh Prasad Jaiswal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36816 of 2016 Arising Out of PS.Case No. -95 Year- 2016 Thana -CHAUSA District- MADHEPURA ======================================================
1. Anirudh Prasad Jaiswal son of Late Jamun Bhagat.
2. Anant Jaiswal @ Anant Pd. Jaiswal son of Late Jamun Bhagat.
3. Aditya Kumar Jaiswal @ Aditya Bhagat son of Bharat Jaiswal.
4. Roshan Bhagat @ Roushan Kumar son of Anirudh Prasad Jaiswal,,
5. Rajesh Kumar Jaiswal @ Rajesh Jaiswal son of Anirudh Prasad Jaiswal. All are residents of village- Kalasan, P.S.- Chausa, District- Madepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Chausa Police Station Case No. 95 of 2016, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 427, 379, 380, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act, 1959.
Allegedly, two groups, formed by nearly 50 persons each, entered into the house of the informant and snatched a golden chain from her neck. There is general and omnibus allegation against all the accused persons of damaging the household and taking away valuables.
Patna High Court Cr.Misc. No.36816 of 2016 (2) dt.08-09-2016 2/3 Learned Counsel for the petitioner has submitted that though there is allegation against petitioner no. 1 of causing assault by a pointed weapon, the injury has been found to have been caused by hard and blunts substance.
Considering the general nature of allegation and the facts and circumstances of the case, this application is allowed.
Let the petitioners, namely, Anirudh Prasad Jaiswal, Anant Jaiswal @ Anant Prasad Jaiswal, Aditya Kumar Jaiswal @ Aditya Bhagat, Roshan Bhagat @ Roushan Kumar and Rajesh Kumar Jaiswal @ Rajesh Jaiswal, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Ashok Kumar II, learned Judicial Magistrate, 1st Class, Udakishunganj, Madhepura, in connection with Chausa Police Station Case No. 95 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required
Patna High Court Cr.Misc. No.36816 of 2016 (2) dt.08-09-2016 3/3 and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √