Patna High CourtCR. MISC./48918/2016bail granted

Awadhesh Mistri And ORS v. The State Of Bihar

2017-02-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48918 of 2016 Arising Out of PS.Case No. -94 Year- 2016 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Awadhesh Mistri Son of Bhola Mistri.

2. Sunil Choudhary, Son of Naresh Choudhary.

3. Arun Choudhary, Son of Rajendra Choudhary, All Residents of Village: Sipah, P.S. Dip Nagar, District: Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rekha Prasad, Advocate For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-02-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147/148/149/323/324/341/504/307 of the Indian Penal Code and Section 27 of the Arms Act.

A mob of 100-150 people allegedly fired causing injury at the knee of Santosh Kumar and chest of Deep Lal Yadav. Submission of the petitioners is that though the petitioners are named in the F.I.R. amongst the members of the crowd but the allegation is not specific.

Learned Additional Public Prosecutor informed that

Patna High Court Cr.Misc. No.48918 of 2016 (4) dt.23-02-2017 2/2 the case-diary reveals that there is no specific allegation alleged, against the petitioners, by any other eyewitnesses. 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 thirty days from the date of receipt of the order, 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 Mr. R.K. Dwivedi, learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda/Successor Court in connection with Deep Nagar Police Station Case No.94 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J) Mkr./- U T