Patna High CourtCR. MISC./33090/2014bail granted

Kallu And ORS v. The State Of Bihar

2015-02-04The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33090 of 2014 Arising Out of PS.Case No. -65 Year- 2014 Thana -BAUSI District- PURNIA ======================================================

1. Kallu, Son of Late Jabbar

2. Sajid, Son of Munsi Bazir

3. Esmail, Son of Md. Raish

4. Dilshad, Son of Julfikar

5. Gulam Haidar, Son of Ali Haidar

6. Rasid, Son of Gulam Haidar

7. Guddu, Son of Md. Sajjad, All resident of Village - Kauwa Nagar, Pani Sadara, P.S. - Baisi, District - Purnea .... .... Petitioners

Versus

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

For the Petitioners : Mr. Amit Kumar Anand, Adv. For the Opposite Party : Mr. Bharat Bhushan (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-02-2015 The petitioners are facing allegation under Sections- 307, 341, 342, 324, 337 and 338/34 of I.P.C. in Baisi P.S. Case No.65 of 2014, on the file of Chief Judicial Magistrate, Purnea.

Apprehending arrest, the petitioners filed A.B.P. No.665 of 2014 on the file of learned Sessions Judge, Purnea.

The learned Judge rejected the application through order dated 21.7.2014. Hence, this application for grant of anticipatory bail under Section438 of Cr.P.C. Heard learned counsel for the petitioners and

Patna High Court Cr.Misc. No.33090 of 2014 (3) dt.04-02-2015 2/2 learned A.P.P. for the State.

A perusal of the F.I.R. discloses that the names of several accused were mentioned and only an omnibus allegation was made. No specific act attributed. At any rate, no serious injury is mentioned, much less it is stated that the complainant was hospitalized. As such, the Court is convinced that the petitioners deserve to be granted anticipatory bail. The application is allowed. In the event of arrest, the petitioner is directed to be released on bail upon furnishing the bailbond of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea, in connection with Baisi P.S. Case No.65 of 2014, subject to the conditions laid down under Section-438(2) of Cr.P.C.

(L. Narasimha Reddy,CJ) K.C.jha/- U