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Patna High CourtCR. MISC./40095/2018bail granted

Triloki Dixit @ Triloki Nath Dixit v. The State Of Bihar

2018-07-12Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.40095 of 2018 (2) dt.12-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40095 of 2018 Arising Out of PS.Case No. -170 Year- 2013 Thana -GARKHA District- SARAN ======================================================

1. Triloki Dixit @ Triloki Nath Dixit son of Shri Kedar Dixit, resident of Village- Bibipur Mathiya, Police Station- Garkha, District- Saran (Chapra). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-07-2018 Heard both sides.

The petitioner apprehends his arrest in Garkha P.S. Case No.170 of 2013 registered under Sections 341, 323, 324, 109, 307, 504/34 of the Indian Penal Code.

The informant alleged that the petitioner and Anil Dixit, the eldest and younger son of the informant came along with other accused persons and asked to vacate the place. When informant refused to vacate the place, Anil Dixit is said to have assaulted Sunil Kumar Dixit, the youngest son of the informant with farsa.

The learned counsel for the petitioner submits that the petitioner is not the assailant of Sunil Kumar Dixit. Petitioner is the eldest son of the informant. On account of partition, some

Patna High Court Cr.Misc. No.40095 of 2018 (2) dt.12-07-2018 dispute arose between three brothers and father that is why his father lodged this false case.

Considering the facts aforesaid and the fact that the petitioner is not the assailant of his youngest brother, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-2nd, Chapra, District-Saran in connection with Garkha P.S. Case No.170 of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T