Fuleshwar Patel And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75783 of 2018 Arising Out of PS. Case No.-378 Year-2017 Thana- GOGRI District- Khagaria ======================================================

1. Fuleshwar Patel, Son of Late Babulal Patel,

2. Nandani Patel, Son of Late Jagdish Patel,

3. Niraj Patel, Son of Ashok Patel.

4. Pawan Patel, Son of Ledho Patel,

5. Laltu Patel, Son of Shambhu Patel.

6. Amit Patel, Son of Chhote Patel. All Resident of VillageKatghara Diyara, P.S.- Gogri, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raja Surendra Mohan For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 448, 307, 379/34 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons variously armed entered into house of the informant and the informant and her family members were assaulted. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the

Patna High Court Cr.Misc. No.75783 of 2018(2) dt.18-12-2018 2/2 present case. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 378 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T