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Patna High CourtCR. MISC./49751/2017allowed

Bhagat Prasad Soni And ORS v. The State Of Bihar

2017-12-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.49751 of 2017 (4) dt.20-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49751 of 2017 Arising Out of PS.Case No. -142 Year- 2017 Thana -ROHTAS District- SASARAM (ROHTAS) ======================================================

1. Bhagat Prasad Soni, Son of Late Hazari Prasad Soni,

2. Manish Soni @ Manish Kumar Soni, Son of Bhagat Prasad Soni,

3. Sumit Soni @ Sumit Kumar Soni, Son of Prem Prasad Soni, all resident of Village- Kushadihara, P.S.- Rohtas, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Adv. For the Opposite Party/s : Mr. Sri Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Rohtas Police Station Case No. 142 of 2017, disclosing offences under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, an scuffle took place between the parties in which both the sides sustained injuries and for that case and counter have been lodged by both the parties. The injuries sustained by the prosecution side are simple

Patna High Court Cr.Misc. No.49751 of 2017 (4) dt.20-12-2017 in nature. Hence, the petitioners who are of clean antecedent deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Dehri, Rohtas, in connection with Rohtas Police Station Case No. 142 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T