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Patna High CourtCR. MISC./63860/2023bail granted

Sanjeet Kumar v. The State Of Bihar

2023-10-17Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63860 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- BHADAUR District- Patna ====================================================== 1.

Sanjeet Kumar Son Of Nande Mahto Resdient Of Village- Basawan Chak, Ps- Bhadaur, Distt- Patna 2.

Sriram Kumar Son Of Nande Mahto Resdient Of Village- Basawan Chak, Ps- Bhadaur, Distt- Patna 3.

Ganesh Kumar Son Of Late Satyanarayan Mahto Resdient Of VillageBasawan Chak, Ps- Bhadaur, Distt- Patna 4.

Pankaj Kumar Son Of Rambali Mahto Resdient Of Village- Basawan Chak, Ps- Bhadaur, Distt- Patna 5.

Rambali Kumar @ Bali Son Of Late Rajju Mahto Resdient Of VillageBasawan Chak, Ps- Bhadaur, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Niwas Prasad, Adv.

For the State :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2023 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor (for brevity 'APP') for the State.

2. The petitioners are apprehending their arrest in connection with Bhadaur P.S. Case No. 30/ 2023 registered for the offence punishable under Sections 341, 323, 325, 307, 504 and 34 of the Indian Penal Code (for brevity 'IPC').

3. There is allegation against the petitioners that petitioners have hurled abuses on the informant's son. Thereafter, it is alleged that an assembly of total six persons

Patna High Court CR. MISC. No.63860 of 2023(2) dt.17-10-2023 2/3 have assaulted the informant's son; one Niranjan Kumar, Parwati Kumari and Nagendra Mahto

4. Learned counsel for the petitioners submits that the parties are neighbours and these scuffle has occurred on a trivial issue, wherein certain simple injuries have been sustained by the parties. With due intervention of common friends and well wishers, they have filed a joint compromise petition (Annexure2). Petitioners are stated to be man of clean antecedents.

5. Learned APP for the State has opposed the prayer for anticipatory bail.

6. Having regard to the submissions advanced by the petitioners' counsel, nature of allegations, clean antecedents of the petitioners, joint compromise petition, and manner of alleged occurrence, this Court is inclined to allow petitioners' prayer for grant of anticipatory bail.

7. Accordingly, let the petitioners, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 learned J.M. 1st Class, Barh, Patna in connection with Bhadaur P.S. Case No. 30/2023, subject to the following conditions:

Patna High Court CR. MISC. No.63860 of 2023(2) dt.17-10-2023 3/3 (i) That one of the bailors of each of the petitioners will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners concerned. The bailors will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioners will be well represented on each date and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Madhuresh Prasad, J) Mayank/Raj Kishore U T