Patna High CourtCR. MISC./59932/2023bail granted

Umesh Bharti v. The State Of Bihar

2023-10-11Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59932 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

Umesh Bharti Son Of Late Ganga Bharti 2.

Dheeraj Kumar Bharti @ Bajrangi Son Of Late Pramod Bharti Both are Resident Of Village - Akha (Bharti Tol), Police Station - Ujiyarpur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-10-2023

1. Heard learned counsel for the petitioners and the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Ujiyarpur P.S. Case No. 176 of 2023 dated 22.05.2023 registered for the offence(s) punishable under Section(s) 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioners are that there is a case and counter case in between both the parties, who are agnates, in actual a free fight took place in between both the parties which resulted in injuries to the persons of both the sides and there is no serious allegation against the petitioners and several persons

Patna High Court CR. MISC. No.59932 of 2023(2) dt.11-10-2023 2/2 have been named in the FIR and between both the parties there is a land dispute which is stated to be the genesis of the alleged occurrence. Further submission is that the petitioners have fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the nature of allegation appearing against the petitioners and also their fair and clean antecedent, in my opinion, the petitioners deserve to the privilege of anticipatory bail. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Ujiyarpur P.S. Case No. 176 of 2023 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T