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Patna High CourtCR. MISC./29363/2019bail granted

Dipu Sao v. The State Of Bihar

2019-05-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29363 of 2019 Arising Out of PS. Case No.-166 Year-2014 Thana- NARDIGANJ District- Nawada ====================================================== 1.

DIPU SAO Son of Surendra Sao Resident of Village - South Buchk, P.S.- Nardiganj, Dist.- Nawada.

2.

Ranjit Sao Son of Sito Sao Resident of Village - South Buchk, P.S.- Nardiganj, Dist.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Nardiganj P.S. Case No. 166 of 2014, disclosing offences under Sections 147, 148, 149, 341, 342, 323, 325, 307, 447, 452, 336, 338, 337 and 379 of the Indian Penal Code, including Section 27 of the Arms Act.

A supplementary affidavit has been filed today, which is being taken on record.

It appears from the FIR that the occurrence had taken place since the petitioners had been keeping their cattle over the village road, which was being objected to.

In the supplementary affidavit, it has been stated that

Patna High Court CR. MISC. No.29363 of 2019(3) dt.10-05-2019 2/2 the petitioners have removed their cattle from the said place and they would not keep the cattle at the said place in future. Considering the nature of accusation and genesis of occurrence, coupled with the statement made in the supplementary affidavit, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, 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 the learned Chief Judicial Magistrate, Nawada in connection with Nardiganj P.S. Case No. 166 of 2014, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves 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 bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T