Aditya Anand @ Lilly And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27193 of 2016 Arising Out of PS.Case No. -196 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Aditya Anand @ Lilly S/o Dilip Kumar Mandal

2. Abhishek Kumar @ Gujur S/o Ganesh Prasad Mandal

3. Abhiraj Kumar @ Abhilash Kumar @ B S/o Ganesh Prasad Mandal

4. Ankita Kumari @ Chhoti D/o Mahesh Prasad Mandal

5. Lovely Shika @ Lovely Kumari D/o Ganesh Prasad Mandal

6. Sushila Devi W/o Ganesh Prasad Mandal

7. Anita Devi W/o Dilip Kumar Mandal

8. Kavita Devi W/o Mahesh Prasad Mandal All are resident of Mohalla - Bari Khanjarpur ( Koeri Tola ), P.S. Barari, District - Bhagalpur .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Kotwali (Barari) P.S. Case No.196 of 2016 (G.R. No.1455 of 2016) for the offences instituted under Sections 147, 148, 149, 323, 341, 324, 307, 379 and 504 of the Indian Penal Code.

On the basis of a written petition dated 06.05.2016 (for the occurrence of 02.05.2016) filed by one Shekhar Kumar S/o Sri Shankar Prasad Mandal an F.I.R. vide Kotwali (Barari) P.S. Case No.196 of 2016 was registered. On 02.05.2016, while

Patna High Court Cr.Misc. No.27193 of 2016 (2) dt.11-07-2016 2/2 the informant along with his brother and father was sitting outside his house ten named and three unknown persons armed with weapons arrived there and started abusing them. It is submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The alleged occurrence is said to have taken place on 02.05.2016 but the F.I.R. was instituted on 06.05.2016. Delay has not been explained by the prosecution. It is a case and counter case. There is no injury report to support the allegations made in the F.I.R. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of C.J.M., Bhagalpur, in connection with Kotwali (Barari) P.S. Case No.196 of 2016 (G.R. No.1455 of 2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) N.H./- U T