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Patna High CourtCR. MISC./2330/2018bail granted

Munna Das And ORS v. The State Of Bihar

2018-02-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2330 of 2018 Arising Out of PS.Case No. -83 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Munna Das, Son of Late Anuda Das.

2. Chhotan Das, Son of Munna Das.

3. Kanhaiya Das @ Kanhai Das, Son of Munna Das.

4. Indrajeet Das, Son of Munna Das. All are resident of VillageDharmuha, P.S.- Mufassil, District- Motihari. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mrs. Babita Kumari For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-02-2018 Heard the learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Mufassil PS case no. 83 of 2017 dated 1.3.2017 registered for the offences punishable under Section 341, 342, 323, 324, 307, 379, 436, 504, 506/34 of the Indian Penal Code.

The allegation is regarding scuffle having taken place between prosecution side and the accused side when the accused persons were setting the house of the informant on fire. It is alleged that both sides had received injuries. The learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.2330 of 2018 (3) dt.16-02-2018 2/2 petitioners are innocent and in fact, the present case arises out of a case and counter case in which serious injuries were received by the members of the accused side. It is further submitted that the petitioners have a clean antecedent.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran in connection with Mufassil PS case no. 83 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T