Vishwamitra Dubey And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15069 of 2015 Arising Out of PS.Case No. -489 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ======================================================
1. Vishwamitra Dubey Son of Late Hardev Dubey
2. Deep Narayan Dubey Son of Late Hardev Dubey
3. Vikas Dubey Son of Vishwamitra Dubey
4. Subhash Dubey Son of Nawal Kishore Dubey
5. Mithilesh Pandey Son of Vilas Pandey
6. Nirmal Pandey Son of Mithilesh Pandey
7. Manish Dubey Son of Deep Narayan Dubey
8. Awadhesh Pandey Son of Vilash Pandey
9. Lallan Dubey Son of Naresh Dubey
10. Rishikesh Dubey Son of Umesh Chandra Dubey
11. Chandra Bhushan Pathak @ Chandra Bhushan Son of Late Darb Narayan Pathak
12. Gobind Pathak Son of Chandra Bhushan Pathak
13. Bipin Pathak Son of Bali Ram Pathak .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s : Mr. Raj Kishor Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-05-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/307/379 and 385 of the Indian Penal Code. It is alleged that on protest being made against demand of extortion the accused persons including the petitioners assaulted the informant with 'lathi', 'danda' and knife. The specific accusation of assault by knife is against petitioner no.13 Bipin
Patna High Court Cr.Misc. No.15069 of 2015 (2) dt.13-05-2015 2/2 Pathak to the informant whereas petitioner no.1 Vishwamitra Dubey made assault to the brother of the informant Raja Kumar. Though the informant has not received any injury with sharp cut weapon whereas the injury of Raja Kumar was fond to be incised simple in nature. Although 11 persons have received injuries but all the injuries have been found simple in nature. It is submitted by learned counsel for the petitioners that there is counter version of the occurrence and the petitioners' side also received incised injury. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No.489 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T