Bhikhu Padit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56938 of 2019 Arising Out of PS. Case No.-190 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== 1.

BHIKHU PADIT Son of Late Khedan Padit Resident of Village- Kotwa Koeri Hata, P.S.- Barauli, District- Gopalganj. 2.

Basant Padit @ Basant Kumar Son of Late Birendra Padit Resident of Village- Kotwa Koeri Hata, P.S.- Barauli, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Barauli P.S. Case No. 190 of 2019, G.R. No. 1687 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code.

Learned counsel for the petitioner has submitted that so far as petitioner no. 1 is concerned, he is said to have instigated others to assault the informant and others. Petitioner no. 2 is said to have assaulted the son of the informant with a sword in his head. He has also argued that there is no injury report of Sanjay Kumar and that there is another criminal case registered prior to the present case by the petitioners' side

Patna High Court CR. MISC. No.56938 of 2019(2) dt.09-09-2019 2/2 registered on the same day. He has contended that the occurrence appears to have taken place because of local dispute between the parties.

Considering the facts and circumstances, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned ACJM-IV, Gopalganj in Barauli P.S. Case No. 190 of 2019, G.R. No. 1687 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T