Tarshan Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52266 of 2021 Arising Out of PS. Case No.-93 Year-2021 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

TARSHAN GADDI Son of Late Sahib Gaddi Resident of Village - Lachhpur Tola Takiyabari, P.S.- Gopalpur, Dist.- Gopalganj. 2.

Suresh Gaddi Son of Tarshan Gaddi Resident of Village - Lachhpur Tola Takiyabari, P.S.- Gopalpur, Dist.- Gopalganj. 3.

Bhual Gaddi Son of Suresh Gaddi Resident of Village - Lachhpur Tola Takiyabari, P.S.- Gopalpur, Dist.- Gopalganj. 4.

Bikesh Gaddi Son of Suresh Gaddi Resident of Village - Lachhpur Tola Takiyabari, P.S.- Gopalpur, Dist.- Gopalganj. 5.

Razzak Gaddi Son of Suresh Gaddi Resident of Village - Lachhpur Tola Takiyabari, P.S.- Gopalpur, Dist.- Gopalganj. 6.

Murtuza Gaddi Son of Naresh Gaddi Resident of Village - Lachhpur Tola Takiyabari, P.S.- Gopalpur, Dist.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Singh For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 302, 307 and 504 of the Indian Penal Code. It is a case of assault upon the informant's father namely, Saptullah Gaddi by means of lathi danda, farsa and rod by the accused persons including the petitioners due to which, the father of the informant succumbed to the injuries. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.52266 of 2021(3) dt.12-05-2022 2/2 that the petitioners have falsely been implicated in this case. He further submits that the specific allegation of assault upon the deceased is against Hussain Gaddi and not against these petitioners and there is general and omnibus allegation against these petitioners. The postmortem report shows the fracture of wound on the forehead which is alleged to have been caused by co-accused Hussain Gaddi. Petitioners have got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four 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 amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gopalganj/concerned Court in connection with Gopalpur P.S. Case No. 93 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T