Ratnesh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63478 of 2017 Arising Out of PS.Case No. -157 Year- 2017 Thana -DHAMDAHA District- PURNIA ======================================================
1. Ratnesh Kumar, son of Bhagwan Yadav, Resident of VillageMorsanda, Police Station- Falka, District- Katihar.
2. Sanjeev Kumar @ Sanjeev Kumar Yadav, Son of Rajkumar Yadav, Resident of Village- Deera Chandpur, Police Station- Falka, DistrictKatihar.
3. Shekhar Kumar, Son of Sudhir Yadav, Resident of Village Dhurar Tikapatti, Police Station- Tikapatti (Rupauli) District Purnia.
4. Krishna Deo Kumar @ Budho Yadav, Son of Sakaldeo Yadav, resident of Village- Krishna Nagar Bishpuria Police Station- Kharik, District- Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-02-2018 Heard the learned counsel for the petitioners and learned counsel for the State.
The petitioners seek anticipatory bail in connection with Dhamdaha PS case no. 157 of 2017 dated 12.7.2017 registered for the offences punishable under Sections 147, 148, 149, 323, 341, 387, 307/34 of Indian Penal Code. The allegation against the accused persons is assaulting the prosecution side resulting in grievous injury to the prosecution side.
The learned counsel for the petitioners submits that the
Patna High Court Cr.Misc. No.63478 of 2017 (3) dt.07-02-2018 2/2 allegation of causing grievous injury by assaulting the members of the prosecution side is mainly on one Santosh Yadav. It is further submitted that the petitioners are non-FIR named accused persons and they have a clean antecedent. It is also contended that some of the accused persons, who are FIR named accused persons, have already been granted anticipatory bail/ regular bail by this Court Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the court concerned within a period of six weeks from the date of receipt/ production of a copy of the present order, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs.
Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnia in connection with Dhamdaha PS case no. 157 of 2017 dated 12.7.2017, subject to the conditions enumerated under Section 438(2) of Code of Criminal Procedure.