Sanju Bind And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50561 of 2017 Arising Out of PS.Case No. -181 Year- 2017 Thana -GHOSI District- JEHANABAD ======================================================
1. Sanju Bind son of Fekan Bind,
2. Budhan Bind son of Fekan Bind,
3. Ram Bind son of Fekan Bind,
4. Lakshman Bind son of Fekan Bind,
5. Raj Kumar Bind son of Puna Bind,
6. Puna Bind son of Sohan Bind,
7. Fekan Bind son of Sohan Bind, All are resident of village- Dumari, Toal Balawa Bigha, P.S.- Ghosi, District- Jehanabad.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned counsel for the State.
At the outset, it is submitted by learned counsel for the petitioners that during pendency of the application, petitioner no.7 has already been arrested.
In that view of the matter, the application for grant of pre-arrest bail of petitioner no.7, namely, Fekan Bind is dismissed as infructuous.
The petitioners seek pre-arrest bail in connection with Ghosi P.S. Case No.181 of 2017 registered under Sections 147,
Patna High Court Cr.Misc. No.50561 of 2017 (2) dt.09-11-2017 2/3 148, 149, 341, 448, 323, 354, 379 and 307 of the Indian Penal Code (for short 'the IPC') It is stated by the learned counsel for the petitioners that there is case and counter case. The counter case has been instituted by petitioner no.1 Sanju Bind vide Ghoshi P.S. Case No.182 of 2017 under Sections 147, 148, 149, 447, 341, 323, 325, 337, 504 and 307 of the IPC. He submitted that the members of the prosecution party have sustained minor injuries whereas the petitioners' side has suffered serious injuries and one of the injured Fekan Bind (petitioner no.7) had been hospitalized in the Patna Medical College Hospital for about twenty days for his treatment.
Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners.
Having regard to the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioner nos.1 to 6, namely, Sanju Bind, Budhan Bind, Ram Bind, Lakshman Bind, Raj Kumar Bind and Puna Bind are directed to 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 learned S.D.J.M., Jehanabad in connection with Ghosi P.S. Case No.181 of 2017,
Patna High Court Cr.Misc. No.50561 of 2017 (2) dt.09-11-2017 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T