Bajrangi Patel And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52524 of 2018 Arising Out of PS.Case No. -420 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Bajrangi Patel, Son of Manoj Patel @ Manoj Kumar Patel,

2. Rajkumar Jha, Son of Munna Jha. Both resident of Village- Mathurapur, P.S.- Khagaria, District- Khagaria.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ranjeet Kumar Singh, Advocate. For the Opposite Party : Mr. Ramchandra Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 504, 307, 379 and 354(A)/34 of the IPC.

The prosecution story, in brief, is that on 21.06.2018 at 5.00 A.M. while the informant was at his Tea Stall, co-accused Avinash Mandal alongwith petitioner no. 1 Bajrangi Patel came there by unnumbered Motorcycle and gave a cartoon of wine to petitioner no. 2 Raj Kumar Jha on which, he raised objection and told that he would inform the police on which the accused persons assaulted him with Bamboo and Iron rod. Co-accused Balram

Patna High Court Cr.Misc. No.52524 of 2018 (2) dt.10-09-2018 2/3 Patel assaulted on his head with Khanti causing bleeding head injury and when his mother Shivo Devi came to rescue him, petitioner no. 1 Bajrangi Patel assaulted on her left leg with Bamboo and petitioner no. 2 took away her silver chain from her neck and petitioner no.1 Bajrangi Patel torn the Sari and Blouse of Rinki Devi who had come to rescue him. Thereafter, accused persons fled away and in that course, mobile of petitioner no. 1 Bajrangi Patel fell down. The injured were admitted in hospital. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. There is no injury report in support of allegation made for an offence under Section 307 of the IPC. It is a case and counter case between the parties. There is admitted enmity between the parties.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like

Patna High Court Cr.Misc. No.52524 of 2018 (2) dt.10-09-2018 3/3 amount each to the satisfaction of the learned C.J.M. Khagaria, in connection with Khagaria P.S. Case No. 420/2018, G.R. No. 1697/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T