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Patna High CourtCR. MISC./3969/2021bail granted

Kamlesh Chandrabanshi v. The State Of Bihar

2021-08-05Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3969 of 2021 Arising Out of PS. Case No.-90 Year-2020 Thana- BARUN District- Aurangabad ====================================================== 1.

KAMLESH CHANDRABANSHI, Son of Late Sheonath Chandrabanshi Resident of Village- Jonkop, P.s.- Barun, Dist.- Aurangabad. 2.

AKHILESH CHANDRABANSHI @ BARDHI SON OF LATE SHEONATH CHANDRABANSHI Resident of Village- Jonkop, P.s.- Barun, Dist.- Aurangabad.

3.

JITENDRA KUMAR SON OF PRAMOD SINGH Resident of VillageMathan Bigha, P.S.- Madanpur, Dist.- Aurangabad. 4.

VIMLESH CHANDRABANSHI SON OF LATE SHEONATH CHANDRABANSHI Resident of Village- Jonkop, P.s.- Barun, Dist.- Aurangabad.

5.

AWDHESH CHANDRABANSHI SON OF LATE SHEONATH CHANDRABANSHI Resident of Village- Jonkop, P.s.- Barun, Dist.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-08-2021 Heard Mr. Rahul Kumar Singh, learned advocate for the petitioners and Mr. Binod Kumar, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Barun P. S. Case No. 90 of 2020, dated 04.06.2020, instituted for the offences under Sections 147, 149, 341, 323, 324, 326, 379, 504

Patna High Court CR. MISC. No.3969 of 2021(2) dt.05-08-2021 2/3 and 506 of the Indian Penal Code.

The accusation in the F.I.R. is that when the accused persons were trying to change the wires before getting electric connection in their houses through old and damaged wires, a fight took place, when people from both sides assaulted each other.

There is a counter version of the occurrence also lodged by the wife of petitioner no. 1.

Both sides have received injuries but those injuries are simple in nature.

There has been a two days' delay in lodging of the F.I.R. without any acceptable explanation. Regard being had to the afore-stated facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.3969 of 2021(2) dt.05-08-2021 3/3 each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Barun P. S. Case No. 90 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T