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Patna High CourtCR. MISC./25801/2016allowed

Shiv Kumar @ Shiv Kumar Mochi And ORS v. The State Of Bihar

2016-07-15Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25801 of 2016 Arising Out of PS. Case No. -105 Year- 2016 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Shiv Kumar @ Shiv Kumar Mochi

2. Bal Saran Mochi @ Bal Saran Both Sons of Satyendra Mochi

3. Surti Devi, Wife of Satyendra Mochi

4. Renu Devi , Wife of Shiv Kumar @ Shiv Kumar Mochi All resident of village - Sanda, Police Station Islampur, District - Nalanda .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Kumar Uday Pratap, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 15-07-2016 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case under Sections 341, 323, 308, 504/34 of the Indian Penal Code. There is a case and counter case.

It appears that there was free fright between the parties. Petitioner No.1, Shiv Kumar @ Shiv Kumar Mochi, is the informant of the counter case, in which petitioner no.2, namely, Bal Saran Mochi, has also sustained injury on his head. In the facts and circumstances of the case, in the event of arrest or surrender before the court below within four

Patna High Court Cr.Misc. No.25801 of 2016 (2) dt.15-07-2016 2/2 weeks from today, the abovenamed, petitioners be released on bail on furnishing bail bond of Rs.4000/- (Four thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S. Case no. 105 of 2016 subject to the conditions as laid down under Section 438 (2) Cr.P.C. with the further condition that petitioner no.1 would not physically absent for two consecutive dates at stretch, till two witnesses are examined. (Samarendra Pratap Singh, J.) Uday/- U T