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Patna High CourtCR. MISC./56478/2015bail granted

Sunil Kumar Singh @ Sunil Mahto And ORS v. The State Of Bihar

2015-12-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56478 of 2015 Arising Out of PS.Case No. -158 Year- 2012 Thana -BABUBARHI District- MADHUBANI ======================================================

1. Sunil Kumar Singh @ Sunil Mahto

2. Nand Lal Mahto

3. Ranjeet Kumar Singh @ Ranjeet Mahto .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Kalyan Shankar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 448, 324 and 307 of the Indian Penal Code. The prosecution case is that since the daughter of the Jiwachh Mahto was asked to remove the cattle from the filed of the informant, hence as protest petitioner nos. 1 and 2 and others assaulted the informant with farsa.

It is submitted by learned counsel for the petitioners that the injury has been found to be simple. On conclusion of the investigation, the petitioners were not sent up for trial but differing with the final form, cognizance has been taken. There is counter version of the occurrence also and petitioners' side lodged the case at earlier point of time.

Patna High Court Cr.Misc. No.56478 of 2015 (2) dt.14-12-2015 2/2 Considering the facts that on conclusion of the investigation, the petitioners were not sent up for trial and the case lodged by the petitioners' side at earlier point of time, 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 C.J.M., Madhubani in connection with Babu Barhi P.S. Case No. 158 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T