Udai Patel And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35653 of 2015 Arising Out of PS.Case No. -22 Year- 2015 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================
1. Udai Patel Son of Birendra Patel
2. Nilesh Patel Son of Ashok Patel .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Sunil, Advocate, Advocate For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-08-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 342, 323, 307 and 448/34 of the Indian Penal Code. Accusation is of making assault to the informant and his son by 'lathi' and 'danda' and snatching gold chain. It is submitted by learned counsel for the petitioners that injury of the informant has been found to be simple in nature whereas the injury of the brother of the informant was subsequently found to be grievous as 6th and 7th ribs found to be fracture. It is further submitted that the accusation of assault is omnibus and general and there is no accusation of making assault
Patna High Court Cr.Misc. No.35653 of 2015 (2) dt.21-08-2015 2/2 on the chest on the brother of the informant and co-accused persons have been granted anticipatory bail by a co-ordinate bench of this court vide Criminal Miscellaneous No. 19827 of 2015. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Kaimur (Bhabua) in connection with Bhagwanpur P.S. Case No.22 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T