Ashok Jaiswal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72671 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- TIKAPATTI District- Purnia ======================================================

1. Ashok Jaiswal S/o Late Mukti Jaiswal

2. Dolat Kumar @ Daulat Jaiswal S/o Ashok Jaiswal

3. Gotam Kumar @ Gautam Jaiswal, S/o Ashok Jaiswal All are resident of Village- Tikapatti, P.S.- Tikapatti, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari Ms. Preety Kunwar For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Tikapatti P.S. Case No. 131 of 2018 for the offenses punishable under Sections 147, 148, 149, 341, 342, 307, 379, 427, 504 and 506 of the Indian Penal Code.

The allegation is regarding the petitioners who are father and sons having assaulted the informant's father intercepting his vehicle resulting in injury being caused to the informant. It is further alleged that the petitioners had created ruckus in the Police Station.

The learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.72671 of 2018(2) dt.14-12-2018 2/3 the petitioners are innocent and they have been falsely implicated in the present case. It is further submitted referring to the injury report annexed to the bail petition that the injuries are simple in nature.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail and has referred to paragraph no. 7 of the impugned order wherein it has been stated that two Police Officers have also been found injured. To the aforesaid submissions made by the informant, the learned senior counsel for the petitioners submits that the said submissions made by the learned counsel for the informant is subject matter of another case bearing Tikapatti P.S. Case No. 132 of 2018 and as far as the present case i.e. Tikapatti P.S. Case No. 131 of 2018 is concerned, the allegation is regarding assault on the informant. Learned senior counsel lastly submits that the petitioners are ready to abide by whatever conditions that may be imposed by this Court.

Having regard to the facts and circumstances of the case since the present case is concerned, I deem it fit and proper to release the petitioners, above named, on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.72671 of 2018(2) dt.14-12-2018 3/3 learned Judicial Magistrate, Purnea in connection with Tikapatti P.S. Case No. 131 of 2018.

It is needless to state that the petitioners shall mark attendance before the concerned Police Station at 10:00 A.M. on Monday of each week till the framing of the charge. It is also needless to state that two consecutive defaults shall entail cancellation of present privilege of bail (Mohit Kumar Shah, J) S.Sb/- U T