Patna High CourtCR. MISC./49625/2015bail granted

Shipahi Barnwal And ORS v. The State Of Bihar

2015-11-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49625 of 2015 Arising Out of PS.Case No. -157 Year- 2015 Thana -RAGHUNATHPUR District- SIWAN ======================================================

1. Shipahi Barnwal

2. Dinesh Barnwal Both sons are Bhirgu Barnwal

3. sharwan Kumar S/o Lalan Sah All are R/o Village -Chandauli P.s Raghunathpur , District Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Rakesh For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-11-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 326/34 of the Indian Penal Code and Section 3(1)(x), 3(2)(v) of the SC & ST (Prevention of Atrocities) Act and Section 27 of the Arms Act.

The prosecution case is that the petitioners started abusing the informant and on protest being made, petitioner No. 1 called the miscreants when three miscreants came and one of them resorted to fire causing injury on the left hand of the informant. The motive for the occurrence has been alleged that while carrying the wood for cremation of a dead body on a tractor, the tractor dashed the vehicle of petitioner No. 1.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.49625 of 2015 (2) dt.05-11-2015 2/2 petitioners that accusation of firing is not against the petitioners. Except accusation of abusing the informant, no specific overt act has been alleged against the petitioners. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Raghunathpur P.S. Case No. 157 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T