← Library
Patna High CourtCR. MISC./3415/2016bail granted

Dilip Kumar @ Dilip Mehta And ORS v. The State Of Bihar

2016-01-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3415 of 2016 Arising Out of PS.Case No. -57 Year- 2015 Thana -FESHAR District- AURANGABAD ======================================================

1. Dilip Kumar @ Dilip Mehta Son of Ram Prasad Mehta,

2. Malak Chandrabanshi Son of Late Tetar Ram,

3. Baban Paswan Son of Rajbali Paswan

4. Harendra Paswan son of Kamta Paswan All resident of Village Shahpur P.S. Pheshar District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Asha Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 324, 504, 307, 34 of the Indian Penal Code. The prosecution case is that the accused persons came, restrained the informant and abused, on protest being made, co-accused Manoj Mehta assaulted with iron rod on the head of the informant, whereas petitioner No. 1 assaulted with the butt of the pistol. The other accused persons also assaulted the informant. The accused persons also assaulted Mithilesh Kumar, Chhotu Kumar and Bhagrahi Devi. It is submitted by learned counsel for the petitioners that there is counter version of the occurrence. The injuries have been found to be simple and from the informant's side three persons received injuries simple in nature but from

Patna High Court Cr.Misc. No.3415 of 2016 (2) dt.21-01-2016 2/2 the petitioners' side five persons received injuries and from the petitioners' side the opinion with regard to injury of one of the injured has been kept reserved.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Phesar P.S. Case No. 57 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T