Kuwar Bhandari @ Kumar Bhandari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76165 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- BENIPATTI District- Madhubani ====================================================== 1.

KUWAR BHANDARI @ KUMAR BHANDARI Son of Late Anup Bhandari Resident of Village-Tyonth Tole Gaivipur (Balha), P.S-Benipatti, District-Madhubani.

2.

Sushil Bhandari Son of Late Chhedi Bhandari Resident of Village-Tyonth Tole Gaivipur (Balha), P.S-Benipatti, District-Madhubani. 3.

Wakil Bhandari @ Okil Bhandari Son of Late Chhedi Bhandari Resident of Village-Tyonth Tole Gaivipur (Balha), P.S-Benipatti, District-Madhubani. 4.

Anil Bhandari Son of Kuwar Bhandari @ Kumar Bhandari Resident of Village-Tyonth Tole Gaivipur (Balha), P.S-Benipatti, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-03-2020 Heard learned counsel for the petitioners, counsel for the informant and the counsel appearing for the State. Learned counsel for the petitioners informed the Court that the petitioner no. 1 was arrested during the pendency of this case and as such his prayer for anticipatory bail has become infructuous.

So far as petitioner no. 2 is concerned, police has already submitted final form and as such his apprehension of arrest is now misconceived.

So far as petitioner nos. 3 and 4 are concerned, they

Patna High Court CR. MISC. No.76165 of 2019(4) dt.16-03-2020 2/2 are apprehending arrest in connection with Benipatti P.S. Case No. 134 of 2019 arising out of G.R. No. 319 of 2019 for the offence under Sections 341, 323, 324, 325, 307, 354(B), 379, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioners have no criminal antecedent. There is a case and counter case. Petitioners and the informant are neighbour. Considering the fact that the petitioners and informant are neighbour and they have no criminal antecedent, the Court is inclined to grant bail to the petitioner nos. 3 and 4, in the event of arrest or surrender within one month from today, on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Benipatti in connection with Benipatti P.S. Case No. 134 of 2019 arising out of G.R. No. 319 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Upadhyay, J) Rishi Kumar/- U T