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Patna High CourtCR. MISC./71871/2018allowed

Dhaneshwar Kumar @ Dhaneshwar Rai And ANR v. The State Of Bihar

2018-12-18Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71871 of 2018 Arising Out of PS. Case No.-764 Year-2017 Thana- Bihta District- Patna ======================================================

1. Dhaneshwar Kumar @ Dhaneshwar Rai, son of Late Ram Prayag Rai

2. Samresh Rai @ Amresh Kumar, son of Baleshwar Rai Both Resident of Village - Pathlautiya, P.S. Bihta, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoranjan Kumar, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-12-2018 Heard learned counsels for the petitioners and the State.

Petitioners apprehend their arrest in connection with Bihta P.S. Case No. 764 of 2017 registered for the offence punishable under sections 147, 148, 149, 341, 506, 427 and 385 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel appearing for the petitioners submit that due to admitted land dispute, petitioners have falsely been implicated in this case. There is no fire arm injury to anyone and the allegations of firing are ornamental to make the case serious. There are general and omnibus allegations levelled against the petitioners. Nothing has been recovered from the possession of these petitioners.

Patna High Court Cr.Misc. No.71871 of 2018(3) dt.18-12-2018 2/2 Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Danapur (Patna) in connection with Bihta P.S. Case No. 764 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/-Sanjeev U T