Arjun Kumar Kesri @ Mithu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7945 of 2018 Arising Out of PS.Case No. -318 Year- 2017 Thana -PALIGANJ District- PATNA ======================================================

1. Arjun Kumar Kesri @ Mithu, Jagdish Prasad Kesri,

2. Ritesh Kumar Kesri @ Sharma Jee S/o Jagdish Prasad Kesri,

3. Bharat Kumar Kesri S/o Late Krishna Prasad Kesri,

4. Binod Prasad Kesri S/o Late Ram Ishwar Prasad Kesri, All R/o VillageDihpali, P.S.- Paliganj, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Paliganj P.S. Case No. 318 of 2017 for the offence registered under Sections 149, 323, 302 and 120(B) of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that no external injury has been found on the person of the injured and even the inquest report would show that no injury was found on the person of the deceased. In such view of the matter, it is submitted that the petitioners had in fact died on account of illness and not on account of assault by the petitioners or the other

Patna High Court Cr.Misc. No.7945 of 2018 (4) dt.02-04-2018 2/2 accused persons. It is stated that the petitioners are having a clean antecedent. It is further submitted that the similarly situated coaccused persons have already been granted bail vide order dated 21.03.2018 passed by this Court in Criminal Misc. No. 8483 of 2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Danapur in connection with Paliganj P.S. Case No. 318 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T