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Patna High CourtCR. MISC./53537/2017allowed

Shashi Ranjan Kumar @ Shashi Ranjan Thakur And ORS v. The State Of Bihar

2017-11-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53537 of 2017 Arising Out of PS. Case No. -89 Year- 2017 Thana -WARISNAGAR District- SAMASTIPUR ======================================================

1. Shashi Ranjan Kumar @ Shashi Ranjan Thakur, Son of Shri Krishna Chandra Thakur

2. Deepak Kumar Mishra @ Deepak Kumar Mishr, Son of Mahendra Mishra.

Both residents of Village- Gohi, P.S.- Warisnagar, District- Samastipur.

3. Nawneet Kumar, Son of Nawal Kishore Rai, resident of VillageChandauli, P.S.- Warisnagar, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sujit Kumar Singh, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and State. The petitioners are apprehending their arrest in connection with Warisnagar P.S. case no. 89 of 2017 for the offence under Sections 147, 148, 149, 448, 341, 323, 307, 354, 354(B), 380, 427 and 504 of the Indian Penal Code. There is a case and counter case and it appears that there was clash between two groups and both sides have sustained injuries leading to filing of two cases, bearing Warisnagar P.S. case no. 89 of 2017, in which the petitioners and others are accused, whereas petitioner no.1 is the informant of Warisnagar P.S. case no. 90 of 2017.

Patna High Court Cr.Misc. No.53537 of 2017 (2) dt.09-11-2017 2/2 In the impugned order, learned Sessions Judge while rejecting the anticipatory bail of the petitioners has noted that during investigation all the witnesses have supported the fact of clash between both the parties.

Considering the fact as per statement made on affidavit in paragraph 3 of the petition that the petitioners have no criminal antecedent and also the fact that there is case and counter case and clash between the two groups, the petitioners, named above, in the event of arrest or surrender before the court below within one month from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. case no. 89 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) Uday/- U T