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Patna High CourtCR. MISC./75321/2018bail granted

Sheonarayan Prasad And ORS v. The State Of Bihar

2019-01-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75321 of 2018 Arising Out of PS. Case No.-204 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ======================================================

1. Sheonarayan Prasad, Son of Late Mahendra Prasad

2. Satendra Prasad Son of Sheonarayan Prasad

3. Bijendra Prasad Son of Sheonarayan Prasad

4. Jitendra Prasad Son of Sheonarayan Prasad All resident of Village- Sonewalia, P.S. Baikunthpur, District Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2019 This is an application for grant of anticipatory bail in connection with Baikunthpur P.S. Case No. 204 of 2018, G.R. No.3585/2018 disclosing offences under Sections 341, 323, 326, 307, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against petitioner no.1 is of forcibly taking signature of the brother of the informant on a plain paper, allegation against petitioner no.2 is of assault with farsa causing injury to informant's son and also allegation against petitioner no.3 is of assault with bhala.

Submission of learned counsel for the petitioners is that prior to lodging this case against the petitioners, they had earlier lodged a case on 05.08.2018 against the informant.

Patna High Court Cr.Misc. No.75321 of 2018(3) dt.25-01-2019 2/2 Further submission is that the petitioners' side also received injuries and all injuries of both sides are simple in nature. It has also been submitted that the petitioner are accused in other cases, but all the cases have been lodged at the instance of the informant.

Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioners on the ground that the petitioners have criminal antecedents.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Gopalganj, in connection with Baikunthpur P.S. Case No. 204 of 2018, G.R. No.3585/2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T