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Patna High CourtCR. MISC./23156/2017disposed

Chunni Baitha And ORS v. The State Of Bihar

2017-05-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23156 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -PASRAHA District- KHAGARIA ======================================================

1. Chunni Baitha, Son of Fasiru Beitha,

2. Sudhir Baitha, Son of Late Kaloo Beitha, null

3. Mistar Baitha, Son of Lattar Baitha, null

4. Alam Beitha @ Md. Alam,

5. Raja Baitha,

6. Pappu Baitha, SI. No. 4 to 6 are sons of Sudhir Baitha. null

7. Ajad Baitha, Son of Siraj Baitha,

8. Anjar Bhaitha, Son of Lattar Baitha,

9. Takir Baitha, Son of Siraj Baitha,

10. Rani Khatoon, D/o Sudhir Baita, All Resident of Village- Deotha, P.S.- Pasraha, District- Khagaria.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Parveen Kumar Agarwal, Adv. For the Opposite Party : Mr. Sanjay Kumar, APP 127 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-05-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

For land dispute between the parties, petitioner no. 3, Mister Baitha, allegedly caused injury at the head of the brother of the informant with iron rod.

Considering the fact that petitioner no. 3, Mister Baitha, had knowledge that his act might cause death, I am not inclined to grant anticipatory bail to him.

Patna High Court Cr.Misc. No.23156 of 2017 (2) dt.19-05-2017 2/2 The prayer for anticipatory bail on behalf of petitioner no. 3 is refused.

Considering the case and counter case and background of allegation as well as nature of allegation other petitioners, namely, Chunni Baitha, Sudhir Baitha, Alam Baitha @ Md. Alam, Raja Baitha, Pappu Baitha, Ajad Baitha, Anjar Baitha, Takir Baitha and Rani Khatoon, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Pasraha P.S. Case No. 149 of 2016 to the satisfaction of the Chief Judicial Magistrate, Khagaria, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √