Chandra Shekhar Kushwaha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43293 of 2017 Arising Out of PS.Case No. -152 Year- 2017 Thana -SIMRI District- BUXAR ======================================================

1. Chandra Shekhar Kushwaha , son of Nathuni Kushwaha,

2. Rajesh Kushwaha, Son of Raghu Nath Kushwaha.

3. Raghu Nath Kushwaha, son of Ramadhar Kushwaha.

4. Ramesh Kushwaha, Son of Raghu Nath Kushwaha.

5. Lakdhu Kushwaha, Son of Raghu Nath Kushwaha.

6. Chandan Kushwaha, Son of Vishwanath Kushwaha.

7. Parmod Kushwaha, son of Shankar Kushwaha.

8. Narad Kushwaha, Son of Late Ram Bachan Kushwaha,

9. Bangali Kushwaha, Son of Shiv Ratan Kushwaha.

10. Shri Bhagwan Kushwaha, son of Ram Surat Kushwaha,

11. Saral @ Sudarshan Kushwaha, Son of Ram Surat Kushwaha.

12. Kanhaiya Kushwaha, Son of Ram Nath Kushwaha, All resident of Village- Majhwari, P.S.- Simari, District- Buxar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Adv. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Simari P.S. Case No. 152/2017, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code.

From the First Information Report, it is evident that there was some dispute between the informant and the persons made accused in the present F.I.R. over passage. The quarrel ensued between the parties lodging of the F.I.R. There are twenty

Patna High Court Cr.Misc. No.43293 of 2017 (2) dt.21-09-2017 2/2 five persons named in the F.I.R. who are said to have made assaults.

Learned counsel for the petitioners has submitted that all the injuries have been found to be simple and no case under Section 307 of the Indian Penal Code is made out on the basis of what has been alleged in the F.I.R.

Considering the facts and circumstances and submission of the parties, the application is 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. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, Buxar in connection with Simari P.S. Case No. 152/2017, 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 himself before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vinita/- U T