Birendra Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30612 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

BIRENDRA MALAKAR Son of Lakhan Malakar Resident of Village - Bhadeja, P.S.- Mofassil, Dist.- Gaya.

2.

Dipu Malakar Son of Naresh Malakar Resident of Village - Bhadeja, P.s.- Mofassil, Dist.- Gaya.

3.

Rahul Malakar Son of Arjun Malakar Resident of Village - Bhadeja, P.s.- Mofassil, Dist.- Gaya.

4.

Karan Malakar son of Tejan Malakar Resident of Village - Bhadeja, P.s.- Mofassil, Dist.- Gaya.

5.

Ranjan Paswan Son of Bilash Paswan Resident of Village - Bhadeja, P.s.- Mofassil, Dist.- Gaya.

6.

Raju Paswan Son of Basant Paswan Resident of Village - Bhadeja, P.s.- Mofassil, Dist.- Gaya.

7.

Nochu Paswan Son of Kailash Paswan Resident of Village - Bhadeja, P.s.- Mofassil, Dist.- Gaya.

8.

Mantu Malakar Son of Girdhar Malakar Resident of Village - Bhadeja, P.s.- Mofassil, Dist.- Gaya.

9.

Santosh Malakar Son of Sahdeo Malakar Resident of Village - Bhadeja, P.s.- Mofassil, Dist.- Gaya.

10.

Ravindra Malakar Son of Kedar Mali Resident of Village - Bhadeja, P.s.- Mofassil, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Sinha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Mofassil P.S. Case No. 30 of 2019, disclosing offences under Sections 147, 148, 149, 307, 323, 337 and 427 of the Indian

Patna High Court CR. MISC. No.30612 of 2019(2) dt.09-05-2019 2/3 Penal Code.

It is alleged in the FIR that the police had received an information that two groups were fighting with each other, using fire-arms. When the police reached the place of occurrence, the miscreants fled away and kept on opening fire. Learned counsel for the petitioners has submitted that there is no specific allegation against either of these petitioners of any overt act, except the general allegation against all the persons of having indulged in the said quarrel. Considering the nature of allegation, 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, Gaya, in connection with Mofassil P.S. Case No 30 of 2019, 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,

Patna High Court CR. MISC. No.30612 of 2019(2) dt.09-05-2019 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T