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Patna High CourtCR. MISC./43552/2017bail granted

Radheshyam Singh @ Radheshyam Sharma And ORS v. The State Of Bihar

2018-01-15Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43552 of 2017 Arising Out of PS.Case No. -8 Year- 2016 Thana -NAUBATPUR District- PATNA ======================================================

1. Radheshyam Singh @ Radheshyam Sharma, S/o- Late Nanhku Sharma

2. Vinit Kumar

3. Varun Kumar

4. Bam-bam Kumar @ Vikash Kumar All are S/o- Radheshyam Singh @ Radheshyam Sharma All are R/o- Dariyapur Chainpura, P.S.- Naubatpur, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate. For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-01-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Naubatpur P.S. Case No. 8 of 2016 instituted for the offence under Sections 341, 323, 324, 325 and 307/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that petitioner No. 1 is father of informant and petitioner Nos. 2, 3 and 4 are own brothers of the informant.

From paragraph-3 of the bail petition, it appears that there is family dispute between the parties and several cases are pending between both of them which is apparent from paragraph-3

Patna High Court Cr.Misc. No.43552 of 2017 (3) dt.15-01-2018 2/3 and 7 of the bail petition.

In the written report it is alleged that on the date of occurrence, these petitioners assaulted the informant with rod. Case diary has been received.

Learned A.P.P. has submitted that there is no mention of any injury sustained by the informant in the case diary Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Naubatpur P.S. Case No. 8 of 2016, they shall 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 Additional Chief Judicial Magistrate, Danapur (Patna), subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.43552 of 2017 (3) dt.15-01-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T