Jeet Bahadur Singh @ Jeet Bahadur Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10750 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- SAHODARA District- West Champaran ====================================================== 1.

JEET BAHADUR SINGH @ JEET BAHADUR KUSHWAHA Son of KISHUN LAL MAHTO Resident of Village - Bhawanipur, Police Station - Sahodra, District - West Champaran.

2.

Ajay Kumar Son of Triloki Nath Kushwaha Resident of Village - Bhawanipur, Police Station - Sahodra, District - West Champaran. 3.

Rabindra Kumar Kushwaha @ Ravindar Kumar Son of Triloki Nath Kushwaha Resident of Village - Bhawanipur, Police Station - Sahodra, District - West Champaran. ... Petitioners

Versus

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

For the Petitioners :

M/s Anant Kumar Mihra & Sanjay Kumar No. 7, Advs.

For the Opposite Party :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2021 Heard Mr. Anant Kumar Mishra, learned Advocate for the petitioners and Mr. Md. Aslam Ansari learned Additional Public Prosecutor for the State.

A supplementary affidavit has been filed on behalf of the petitioners. Let the same be kept on record. The petitioners seek bail in anticipation of their arrest in connection with Sahodra P.S. Case No. 30 of 2020 dated 10.07.2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 325, 354, 379, 504, 506 and 307 of the Indian Penal Code.

On account of the protest made by the informant for one Anand Lal Kushwaha throwing garbage in his land, an

Patna High Court CR. MISC. No.10750 of 2021(2) dt.22-12-2021 2/3 occurrence took place in which petitioner no. 1 is said to have assaulted the mother of the informant whereas petitioner no. 2 assaulted one Moti Lal Mahto. Petitioner no. 3 is alleged to have assaulted one Raj Kumar Kushwaha. The mother of the informant who has been assaulted by petitioner no. 1 has received two grievous injuries on her person. One of the injuries on Raj Kumar Kushwaha who is said to have been assaulted by petitioner no. 3, is grievous. The injuries suffered by Motilal Mahto which has been allegedly caused by petitioner no. 2 are all opined to be simple in nature.

There is a counter version of the occurrence and the petitioners have received grievous injuries in the aforesaid occurrence.

The accused persons in the counter case have been granted anticipatory bail by a coordinate Bench of this Court. Regard being had to the background facts; the genesis of the occurrence and that there is no explanation for the injuries found on the persons of the petitioners in the subject FIR, making it highly doubtful, the petitioners are directed to be released on bail, in the event of their arrest or surrender before he Court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing

Patna High Court CR. MISC. No.10750 of 2021(2) dt.22-12-2021 3/3 bail bonds in the sum of Rs.10,000/- (rupees 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 Sahodra P.S. Case No. 30 of 2020 subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code.

(Ashutosh Kumar, J) Shamshad/- U T