Ram Sevak Roy And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.43439 of 2017 (3) dt.01-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43439 of 2017 Arising Out of PS.Case No. -247 Year- 2016 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ======================================================

1. Ram Sevak Roy, Son of Late Rameshwar Ray.

2. Sarvesh Rai, Son of Suresh Rai.

3. Pankaj Ray, Son of Kripal Ray. null

4. Suresh Rai, Son of Late Rameshwar Rai.

5. Ram Kripal Ray, Son of Shashi Ray.

6. Ram Dayal Ray, Son of Late Mishrilal Ray.

7. Vivekanand Ray, Son of Ram Kripal Ray.

8. Kanhaiya Mukhia @ Krishna Mukhia, Son of Yadu Nandan Mukhia.

9. Ram Naresh Roy, Son of Late Mishrilal Roy.

10. Raj Kumar Roy, Son of Ram Naresh Roy. All are resident of VillageSughrain, Tola Laxminia, P.S.- Kusheshwar Asthan (Tilkeshwar O.P.), District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat, Advocate For the Opposite Party/s : Mr. Sri Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kusheshwar Asthan (Tilkeshwar O.P.) Police Station Case No. 247 of 2016, disclosing offences under Sections 147, 148, 149, 323, 342 and 307/379 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent

Patna High Court Cr.Misc. No.43439 of 2017 (3) dt.01-11-2017 and have not committed any offence. In fact, altercation took place between the parties and both of them have been injured for which case and counter case has been lodged by both the parties. The injuries sustained by the informant side are simple in nature, which is evident from annexure-3 series. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Benipur (Darbhanga) in connection with Kusheshwar Asthan (Tilkeshwar O.P.) P.S. Case No. 247 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T