Bhim Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51749 of 2019 Arising Out of PS. Case No.-162 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== 1.

BHIM BAITHA Son of Sri Raushan Baitha Resident of Village - Purni Ganauli, P.S.- Bettiah Muffasil, Distt - West Champaran. 2.

Pappu Baitha Son of Sri Arjun Baitha Resident of Village - Purni Ganauli, P.S.- Bettiah Muffasil, Distt - West Champaran. 3.

Mannu Baitha @ Mannu Kumar Baitha Son of Sri Arjun Baitha Resident of Village - Purni Ganauli, P.S.- Bettiah Muffasil, Distt - West Champaran. 4.

Lalbachan Baitha Son of Late Shyamlal Baitha Resident of Village - Purni Ganauli, P.S.- Bettiah Muffasil, Distt - West Champaran. 5.

Rajveer Baitha Son of Sri Shivpujan Baitha Resident of Village - Purni Ganauli, P.S.- Bettiah Muffasil, Distt - West Champaran. 6.

Rohit Baitha @ Rohit Kumar Baitha Son of Sri Shivpujan Baitha Resident of Village - Purni Ganauli, P.S.- Bettiah Muffasil, Distt - West Champaran. 7.

Bhoj Baitha Son of Sri Shivpujan Baitha Resident of Village - Purni Ganauli, P.S.- Bettiah Muffasil, Distt - West Champaran. 8.

Munna Baitha Son of Sri Shiv Bachchan Baitha Resident of Village - Purni Ganauli, P.S.- Bettiah Muffasil, Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2019 Learned counsel for the petitioners states that petitioner no.8 Munna Baitha has been arrested, in the meanwhile.

This application to the extent it relates to petitioner no.8 stands dismissed as having become infructuous. Heard learned counsel for the parties.

Patna High Court CR. MISC. No.51749 of 2019(2) dt.20-08-2019 2/3 This application for anticipatory bail arises out of Bettiah Muffasil P.S. Case No. 162 of 2019, disclosing offences under Sections 147, 148, 149, 323, 324, 307, 379, 427, 448 and 504 of the Indian Penal Code.

In respect of the occurrence which is said to have taken place on 22.03.2019, the present case and a counter case have been registered.

Learned counsel for the petitioners appears to be correct in her submission that there is allegation of assault against the co-accused Arjun Baitha, though there is no such specific allegation against these petitioners and the said Arjun Baitha has been allowed regular bail by this court by order dated 28.06.2019, passed in Cr. Misc. 39642 of 2019. Considering the above submission, this application is allowed. Let petitioner nos. 1 to 7, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Muffasil P.S. Case No. 162 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of

Patna High Court CR. MISC. No.51749 of 2019(2) dt.20-08-2019 3/3 Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T