Bankelal Prasad @ Bankelal Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34887 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Bankelal Prasad @ Bankelal Patel S/o Late Raja Patel Resident of village- Saharaswa, P.S.- Gopalpur, District- West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.34943 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Anirudh Patel son of Late Raja Patel
2. Dharmesh Kumar @ Dharmesh Patel Son of Sharma Patel Both resident of village- Saharaswa, P.S.- Goplapur, District-West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.34887 of 2016) For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Sri Narsingh Tanti (In Cr.Misc. No.34943 of 2016) For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2016 Sri Krishna Prasad Singh, learned counsel for the petitioners submits that Bankelal Prasad @ Bankelal Patel, petitioner of Cr. Misc. No. 34887/2016 and Anirudh Patel, petitioner no. 1 of Cr. Misc. No. 34943/2016 have got criminal antecedents. Four criminal cases are pending against Bankelal
Patna High Court Cr.Misc. No.34887 of 2016 (5) dt.30-09-2016 2/3 Prasad @ Bankelal Patel and two criminal cases are pending against Anirudh Patel. On such, learned counsel for the petitioners sought permission to withdraw the anticipatory bail petition of Bankelal Prasad @ Bankelal Patel and Anirudh Patel. Accordingly, the anticipatory bail petition of petitioners Bankelal Prasad @ Bankelal Patel and Anirudh Patel is dismissed as withdrawn.
Heard both sides.
The petitioner Dharmesh Kumar @ Dharmesh Patel apprehends his arrest in Gopalpur P.S. Case No. 44 of 2016, registered for the offences punishable under Sections 307 and other Sections of the Indian Penal Code.
The allegation against the petitioner Dharmesh Kumar is that the petitioner and others assaulted the informant with iron rod on his leg and the leg was broken. It is submitted that same allegation is made against Sachidanand Patel and Nitish Patel. They have been granted anticipatory bail vide order passed in Cr. Misc. No. 37160/2016. The case of the petitioner stands on the same footing. There is a counter version being Gopalpur P.S. Case No. 45/2016 which was registered by Dhruv Patel.
Learned counsel for the informant as well as learned
Patna High Court Cr.Misc. No.34887 of 2016 (5) dt.30-09-2016 3/3 Additional P.P. did not dispute the facts.
Considering the facts aforesaid, the petitioner Dharmesh Kumar @ Dharmesh Patel above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Gopalpur P.S. Case No. 44 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) Rakhi U T