Mithlesh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79057 of 2018 Arising Out of PS. Case No.-744 Year-2018 Thana- BIHTA District- Patna ======================================================
1. Mithlesh Kumar son of Shiv Shankar Rai @ Chhotak Rai @ Ramshankar
2. Santosh Kumar son of Rama Shankar Rai @ Barku Rai
3. Ram Deo Rai son of late Bansh Ropan Rai, All are resident of village Pali Halt P.S. - Bihta, Distt. - Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Usha Kumari Singh For the Opposite Party/s :
Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2019 This is an application for grant of anticipatory bail in connection with Bihta P.S. Case No. 744 of 2018, disclosing offences under Sections 341, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code.
Allegation against the petitioners is that on the instigation of petitioner no.3, petitioner nos.1 & 2 have assaulted the informant on his head causing injury. Submission of learned counsel for the petitioners is that there is case and counter case between the parties and prior to this case, earlier a case has been lodged by the petitioners' side. Further, they have no criminal antecedents. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail of the petitioners stating that they have
Patna High Court Cr.Misc. No.79057 of 2018(3) dt.31-01-2019 2/2 assaulted the informant on his head by sharp cutting weapon causing injury.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Danapur, in connection with Bihta P.S. Case No. 744 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) Amjad/- U T