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Patna High CourtCR. MISC./51457/2023allowed

Bhola Kumar v. The State Of Bihar

2023-08-23Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51457 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- JURAWANPUR District- Vaishali ====================================================== 1.

Bhola Kumar, male, aged about 21 years, Son of Rajendra Bhagat @ Ravindra Bhagat Resident of Village- Paharpur Purvi, Ward No 08, PSJuravanpur, District- Vaishali 2.

Ajgeevi Kumar, male, aged about 19 years, Son of Yogendra Bhagat @ Jogendra Bhagat Resident of Village- Paharpur Purvi, Ward No 08, PSJuravanpur, District- Vaishali 3.

Yogendra Bhagat @ Jogendra Bhagat, male, aged about 45 years, Son of Late Darbari Bhagat, Resident of Village- Paharpur Purvi, Ward No 08, PSJuravanpur, District- Vaishali 4.

Ankush Kumar, male, aged about 19 years, Son of Ravindra Bhagat Resident of Village- Paharpur Purvi, Ward No 08, PS- Juravanpur, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Surendra Mohan, Advocate For the State :

Mr. Pramod Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Jurawanpur P.S. Case No. 40 of 2023 dated 03.04.2023 instituted under Sections 341, 323, 354, 307, 379, 504, 506 and 427/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.51457 of 2023(2) dt.23-08-2023 2/3

3. The allegation against the petitioners is that they have damaged the hand pipe, windows, door, toilet gate etc., lock of almirah, and also taken away ornament, cloths and cash from the house of the informant.

4. Learned counsel for the petitioners submits that there is no allegation against the petitioners of causing any injury on the informant or his family members. Even injuries on the injured are simple in nature. Both the parties are pattidars and there is case and counter case between them. He further submits that petitioner no. 4 has no criminal antecedent but petitioner no. 1 has two criminal antecedents and petitioner nos. 2 and 3 have one criminal antecedent which has been lodged by the prosecution party in which they are on police bail.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.51457 of 2023(2) dt.23-08-2023 3/3 A.C.J.M. IIIrd, Vaishali at Hajipur in Jurawanpur P.S. Case No. 40 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) P. Kumar U T