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Patna High CourtCR. MISC./1152/2016bail granted

Suresh Baranwal And ORS. v. The State Of Bihar

2016-02-16Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1152 of 2016 Arising Out of PS.Case No. -227 Year- 2014 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Suresh Baranwal S/o late Mathura Lal

2. Dinesh Baranwal S/o Suresh Baranwal

3. Sanjay Baranwal @ Santosh Baranwal S/o Suresh Baranwal no. 1, 2, 3, All residents of Village & P.S. - Dhamaul, District - Nawadah. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Raj For the Opposite Party/s : Mr. Shailendra Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-02-2016 Heard Sri Sudhir Kumar Raj, learned counsel for the petitioners and learned A.P.P.

Three petitioners, who are members of one family, apprehending their arrest in connection with Pakriawan P.S. Case No. 227 of 2014 registered for offence under section 153(A), 505(2) , 427/ 34 of the Indian Penal Code have prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioners that due to village politics and with a view to oust the petitioners from a shop where the petitioners' family is running business the present case has falsely been instituted. It was submitted by learned counsel for the petitioners that even during investigation

Patna High Court Cr.Misc. No.1152 of 2016 (3) dt.16-02-2016 2/2 fact has come that repairing work in graveyard was in process. The allegation that petitioners were trying to destruct the graveyard is not true.

In this case earlier case diary was called for which has been received. In paragraph no. 6 of the case diary the investigating officer has recorded the fact regarding the place of occurrence. In view of the facts and circumstances the court is of the opinion that it is a fit case for grant of anticipatory bail. Let three petitioners Suresh Baranwal, Dinesh Baranwal, Sanjay Baranwal @ Santosh Baranwal in the event of their arrest or surrender within a period of six weeks from today be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah /court concerned in connection with Pakriawan P.S. Case No. 227 of 2014 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) Praful/- U T