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Patna High CourtCR. MISC./62609/2023bail granted

Chandradip Kumar v. The State Of Bihar

2023-10-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62609 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- KAJRA District- Lakhisarai ====================================================== 1.

Chandradip Kumar Son of Ugal Tanti R/o vill - Madanpur, P.S. - Kajra, Distt. - Lakhisarai 2.

Damodar Tanti Son of Late Rajender Tanti R/o vill - Madanpur, P.S. - Kajra, Distt. - Lakhisarai 3.

Vikash Kumar Son of Anup Tanti R/o vill - Khutha, P.S. - Barahiya, Distt. - Lakhisarai 4.

Dilip Tanti Son of Late Charitra Tanti R/o vill - Shivnar, P.S. - Mokama, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narsingh Tanti For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 325, 354(B), 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, on 15.05.2023 at about 10 PM, some altercation was going on between Maya Devi and Basant Pandit and when husband of the informant went there to pacify the matter, these petitioners assaulted the husband of informant by iron rod and broke his left leg. It is further alleged that when the informant went to save her husband, the petitioners also assaulted her, torn her blouse and snatched gold mangalsutra from her neck.

Patna High Court CR. MISC. No.62609 of 2023(2) dt.11-10-2023 2/2

4. It is submitted on behalf of petitioners that informant and petitioners no. 1 & 2 are own gotiya and petitioners no. 3 & 4 are nephew and cousin brother of petitioner no. 1. Allegation of assault is general and omnibus. Rest of the allegation is ornamental only to make the case grave. Though, there is allegation of assault, but there is no injury report on the record. Petitioners no. 2, 3 & 4 have got clean antecedent, whereas petitioner no. 1 has one criminal antecedent, in which, he is on bail.

5. Considering the nature of accusation and the fact that there is no injury report on record, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Lakhisarai in connection with Kajra P.S. Case No. 67 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T