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Patna High CourtCR. MISC./50314/2022bail granted

Gautam Kumar v. The State Of Bihar

2023-03-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50314 of 2022 Arising Out of PS. Case No.-78 Year-2021 Thana- DEO District- Aurangabad ====================================================== 1.

GAUTAM KUMAR, S/O BAIJU PRASAD CHOURASIA, Resident of village- Bhatu Bigha, P.S.- Deo, District- Aurangabad (Bihar). 2.

BAIJU PRASAD CHOURASIA, S/O BHAKAT PRASAD CHOURASIA, Resident of village- Bhatu Bigha, P.S.- Deo, District- Aurangabad (Bihar). 3.

KHUSHBOO DEVI @ KHUSHBOO KUMARI, D/O BAIJU PRASAD CHOURASIA, Resident of village- Bhatu Bigha, P.S.- Deo, DistrictAurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Kant Mishra For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-03-2023 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 307, 323, 379, 504/34 and other allied sections of Indian Penal Code. As per prosecution case, all the F.I.R. named accused persons including these petitioners barged into the house of the informant and attacked her and her family members by means of spade and lathi, as a result of which, informant and other sustained injuries.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.50314 of 2022(4) dt.16-03-2023 2/2 that due to land dispute a simple altercation took place between the parties. Case and counter case. Present F.I.R. has been lodged after inordinate delay of 6 days without giving any explanation for the same. Petitioners claim clean antecedent. Considering the aforesaid facts and circumstances, let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate-IV, Aurangabad in Deo P. S. Case No. 78 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T