Ashok Baitha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25400 of 2018 Arising Out of PS. Case No.-5 Year-2018 Thana- KUDHNI District- Bhabhua (Kaimur) ======================================================

1. Ashok Baitha, S/o Akhilesh Baitha,

2. Manu Baitha @ Munna Baitha,

3. Vikash Baitha Both Sons of Rup Sagar Baitha,

4. Manish Baitha S/o Setubandh Baitha @ Setubandh Ram,

5. Sonu Baitha,

6. Rahul Baitha Both Sons of Muneshwar Baitha,

7. Nitesh Baitha @ Nitish Baitha, S/o Mukhiya Baitha,

8. Mukhiya Baitha S/o Shiv Mangal Baitha, All R/o Vill.- Mahila, P.S.- Kudhani, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-05-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of his arrest in connection with Kudhani P.S. Case No. 05 of 2018 dated 05.03.2018 instituted for the offences under Sections 341, 323, 307, 354, 379, 504 and 34 of the Indian Penal Code.

The petitioners and others are said to have created ruckus in front of the house of the informant during the festival of Holi. On protest, the petitioners are said to have abused and assaulted the family members of the informant.

Patna High Court Cr.Misc. No.25400 of 2018(2) dt.03-05-2018 2/3 Learned counsel for the petitioners has drawn the attention of this Court to the counter case lodged by one of the petitioners against the informant and other members of his family. The injuries suffered by the prosecution side in the present case are all reported to be simple in nature.

The petitioners are neighbours of the informant and considering the futility of prosecuting the petitioner, the parties i.e. the petitioners as well as the informant have taken a conscious decision of not prosecuting the petitioners any further. A compromise petition has also been brought on record.

Considering that the dispute between the parties has been settled, this court is inclined to grant anticipatory bail to the petitioners.

The petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Kaimpur at Bahbua in connection with Kudhani P.S. Case No. 05 of 2018, subject to the conditions as laid down under

Patna High Court Cr.Misc. No.25400 of 2018(2) dt.03-05-2018 3/3 Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) Krishna/- Ved/- U T