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Patna High CourtCR. MISC./78999/2018bail granted

Gallu Patel @ Tejnarayan Patel And ORS v. The State Of Bihar

2019-01-09Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78999 of 2018 Arising Out of PS. Case No.-127 Year-2018 Thana- SRINAGAR District- West Champaran ======================================================

1. Gallu Patel @ Tejnarayan Patel S/o Chandrika Patel

2. Prem Patel @ Prem Kumar Patel S/o Chandrika Patel

3. Kanti Devi @ Shanti Devi W/o Chandrika Patel

4. Moti Devi @ Mati Devi W/o Kapildeo Patel

5. Sumitra Devi W/o Tulsi Patel

6. Suganti Devi W/o Awadh Patel All resident of village- Pujaha Patjirwa, P.S.- Srinagar Pujaha, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are seeking anticipatory bail in connection with Srinagar Pujaha Police Station Case No. 127 of 2018 registered for offences punishable under sections 147, 148, 149, 341, 323, 448, 380, 504 and 506 of the Indian Penal Code. Allegation has been made that when the informant has opened the shop, he found his thatched shop fell down and when he was trying to erect his shop again, the accused persons entered into his shop, thrashed the informant and took away the material articles. The learned counsel for the petitioners submits that the shop in question was given on rent to the informant, as he was not paying

Patna High Court Cr.Misc. No.78999 of 2018(2) dt.09-01-2019 2/2 rent that led to dispute and on that account the informant has lodged this case with false and frivolous allegation. Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Srinagar Pujaha Police Station Case No. 127 of 2018, subject to the conditions as laid down under section 438 Cr.

PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.