Vinay Soni @ Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62872 of 2019 Arising Out of PS. Case No.-377 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

VINAY SONI @ VINAY KUMAR S/o Vivek Sony @ Pappu Soni R/o Mohalla- Chhati Road Pipar- Gali, ( Marwari Muhalla), P.S.- Begusarai Town (Ratanpur O.P.), District- Begusarai.

2.

Aman Soni @ Aman Kumar S/o Vivek Sony @ Pappu Soni R/o MohallaChhati Road Pipar- Gali, ( Marwari Muhalla), P.S.- Begusarai Town (Ratanpur O.P.), District- Begusarai.

3.

Prem Soni S/o Vivek Sony @ Pappu Soni R/o Mohalla- Chhati Road PiparGali, ( Marwari Muhalla), P.S.- Begusarai Town (Ratanpur O.P.), DistrictBegusarai. 4.

Raja Soni S/o Vimal Kumar @ Vimal Soni R/o Mohalla- Chhati Road PiparGali, ( Marwari Muhalla), P.S.- Begusarai Town (Ratanpur O.P.), DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-10-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Begusarai Town Police Station Case No. 377 of 2019, disclosing offences under Sections 341/323/504/379/307/325/34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioner no. 1 assaulted the informant by means of lathi, petitioner no. 2 assaulted him by means of iron-rod, petitioner

Patna High Court CR. MISC. No.62872 of 2019(2) dt.23-10-2019 2/3 no. 3 assaulted him by means of garasa and petitioner no. 4 assaulted the brother of the informant by means of lathi. Learned Counsel for the petitioners submits that both the parties are co-villagers and neighbours and there is dispute between them relating to a passage. He further submits that there is case and counter case inasmuch as Begusarai Town Police Station Case No. 378 of 2019 has been lodged by the side of the petitioners by one Pappu Soni. He next submits that injuries caused to the informant and his brother have been found to be simple in nature, as would be evident from Annexure-3. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers and neighbours and there appears to be a dispute for passage between them and the injuries sustained by the informant and his brother are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 Chief Judicial Magistrate, Begusarai, in

Patna High Court CR. MISC. No.62872 of 2019(2) dt.23-10-2019 3/3 connection with Begusarai Town Police Station Case No. 377 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √