Laish Gaddi And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.7535 of 2018 (2) dt.15-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7535 of 2018 Arising Out of PS.Case No. -100 Year- 2017 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Laish Gaddi, Son of Jiauddin Gaddi @ Jauddin Gaddi,
2. Saifullah Gaddi,
3. Suddu Gaddi,
4. Guddu Gaddi, Petitioner No. 2 to 4 are sons of Laish Gaddi, All residents of Village- Khap Tola, Police Station- Gopalpur, District- West Champaran at Bettiah.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Abhay Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-02-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Gopalpur Police Station Case No. 100 of 2017, disclosing offences under Sections 341, 447, 448, 504, 506, 323, 324, 307/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the dispute between the parties arose on account of grazing of paddy crops by the buffaloes in which both the parties sustained injuries and case
Patna High Court Cr.Misc. No.7535 of 2018 (2) dt.15-02-2018 and counter case have been lodged by both the parties. Moreover, the petitioners have already been granted the privilege of police bail under Section 41 of the Cr.P.C. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, this Court is of the view that the matter is squarely covered by the decision of this Court in the case of Mahendra Prasad Singh Vs. State of Bihar, reported in 2004(3) PLJR 491. In view of the above, the petitioners are directed to surrender before the Court below within a period of four weeks from today. In case, petitioners surrender and file their applications for bail, the concerned Court will pass an order in the similar manner as has been decided in the case of Mahendra Prasad Singh (Supra).
This application stands disposed of with the above observations/directions.
(Arvind Srivastava, J) brajesh/- U T