Mahesh Singh @ Mahesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56029 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- SURYAPUR District- Rohtas ====================================================== 1.

Mahesh Singh @ Mahesh Kumar Singh, Son of Late Madan Singh Resident of Village-Bhadkudiya (Kala), P.S.-Suryapura, District-Rohtas. 2.

Mukesh Singh @ Mukesh Kumar Singh Son of Late Madan Singh Resident of Village-Bhadkudiya (Kala), P.S.-Suryapura, District-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Upadhyay For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Suryapura P.S. Case No.29 of 2019 for the offence punishable under Sections 341, 323, 324, 325, 307, 504, 506, 34 of the Indian Penal Code.

The allegation against the petitioners, as mentioned in the FIR is that the petitioners assaulted the informant and his father by means of lathi.

Learned counsel appearing for the petitioners submits that both the parties are agnates and there is case and counter case between them inasmuch as Suryapura P.S. Case No.34 of 2019 has been lodged by mother of petitioner No.2 against the informant and others. Learned counsel further submits that from perusal of the

Patna High Court CR. MISC. No.56029 of 2019(2) dt.04-09-2019 2/2 impugned order, it appears that injuries caused to both victims have been found to be simple in nature. Learned counsel also submits that similarly situated accused persons have been granted anticipatory bail by this Court in Cr. Misc. No.37782 of 2019. After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the parties are agnates and there is case and counter case between them and injuries caused to the victims are simple in nature, as such, I am inclined to grant anticipatory bail to all the petitioners.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj (Rohtas), subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T