Gopal Modi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10185 of 2015 Arising Out of PS.Case No. -90 Year- 2014 Thana -KHAIRA District- JAMUI ======================================================

1. Gopal Modi

2. Rajendra Modi Both Sons of Late Huro Modi Both resident of village - Panbharba, P.S. Khaira, District - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narsingh Tanti For the Opposite Party/s : Mr. Hirday Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Khaira Police Station Case No. 90 of 2014 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 504, 307, 354 and 379 of the Indian Penal Code. There is case and counter case between the parties and the alleged occurrence is said to have been taken place on account of cutting of tree of Jack Fruits. Moreover, the allegation against petitioner no. 1 is that he gave rod blow causing injury on the finger of informant's brother, whereas petitioner no. 2 is said to have thrown the mother of the informant.

Patna High Court Cr.Misc. No.10185 of 2015 (2) dt.13-02-2015 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that the informant's sustained grievous injury on his finger, I am not inclined to grant privilege of anticipatory bail to the petitioner no.1( Gopal Modi) accordingly, his prayer for anticipatory bail stands rejected.

However, petitioner no. 2 in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate 1st class, Jamui in Khaira Police Station Case No. 90 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U