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Patna High CourtCR. MISC./50591/2019bail granted

Prabhu Sharma v. The State Of Bihar

2019-08-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50591 of 2019 Arising Out of PS. Case No.-239 Year-2019 Thana- BAGHA District- West Champaran ====================================================== 1.

PRABHU SHARMA Son of Mangal Sharma Resident of Village - Pararkhaph,P.S.- Bagaha (Bhairoganj), Distt - West Champaran. 2.

Jitan Yadav @ Jitan Yadav Son of Late Vijay Yadav Resident of Village - Pararkhaph,P.S.- Bagaha (Bhairoganj, Distt - West Champaran. 3.

Ravindra Jaiswal @ Ravindra Sah Son of Late Paspat Jaiswal @ Pashupati Sah Resident of Village - Pararkhaph ,P.S.- Bagaha (Bhairoganj, Distt - West Champaran.

4.

Madhusudan Ram Son of Gopi Ram Resident of Village - Pararkhaph,P.S.- Bagaha (Bhairoganj, Distt - West Champaran.

5.

Kamala Chaudhary Son of Damary Chaudhary Resident of Village - Pararkhaph,P.S.- Bagaha (Bhairoganj, Distt - West Champaran. 6.

Laxman Patel @ Laxman Chaudhary Son of Kamla Chaudhary Resident of Village - Pararkhaph,P.S.- Bagaha (Bhairoganj, Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithvi Nath Mishra For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2019 This application, for grant of anticipatory bail, arises out of Bagaha (Bhairoganj) P.S. Case No. 239/2019, disclosing offences under Sections 147, 148, 149, 342, 323, 332, 333, 353, 307, 398 of the Indian Penal Code.

Allegation is that the police had gone to the place of occurrence in connection with investigation of two cases, several persons including the petitioners attacked the police party and assaulted them causing injuries to them and there is

Patna High Court CR. MISC. No.50591 of 2019(2) dt.14-08-2019 2/2 also allegation that they tried to snatch the arms of the police. Submission of learned counsel for the petitioners is that they have no criminal antecedent and have falsely been implicated in this case and no specific allegation has been attributed to them.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -I, Bagaha, West Champaran, in connection with Bagaha (Bhairoganj) P.S. Case No. 239/2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T