Shiv Pukar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65187 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- DIGHA District- Patna ====================================================== 1.

SHIV PUKAR RAI Son of Amar Rai Resident of Mohalla-Ramgichak Digha, Bataganj, P.S.-Digha, District-Patna.

2.

Krishna Murari @ Krishna Kumar Son of Shiv Pukar Rai Resident of Mohalla-Ramgichak Digha, Bataganj, P.S.-Digha, District-Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-10-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Digha Police Station Case No. 163 of 2019, disclosing offences under Sections 341/323/504/506/379/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioners is that the petitioners, along with other co-accused persons, entered into the house of the informant and assaulted the informant and his brother and also abused them.

Learned Counsel for the petitioners submits that both the parties are agnates and the incident has taken place on a

Patna High Court CR. MISC. No.65187 of 2019(2) dt.25-10-2019 2/2 trivial issue of quarrel among the children. He further submits that no serious injury has been caused to the informant. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates and no apparent serious injury has been found on record, 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 Sub Divisional Judicial Magistrate, Patna, in connection with Digha Police Station Case No. 163 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 √