Dharo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82386 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- ATHMALGOLA District- Patna ====================================================== 1.

DHARO RAI Son of Late Nago Rai Resident of Village- Daulatpur, P.S.- Athmalgola, District- Patna.

2.

Santosh Paswan Son of Rajendra Paswan Resident of Village- Daulatpur, P.S.- Athamalgola, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2019 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 Athamalgola PS case no. 171 of 2019 registered for the offences punishable under Section 307 and other sections of IPC.

The allegation is regarding the accused persons having assaulted the informant and specific allegation is upon the co-accused Lakshman Paswan of having inflicted a sword blow on the shoulder of the son of the informant resulting in the son of the informant sustaining injury.

The learned counsel for the petitioners submits

Patna High Court CR. MISC. No.82386 of 2019(2) dt.12-12-2019 2/3 that the petitioners have been falsely implicated in the present case. It is further submitted that the allegation whatsoever is against the co-accused Lakshman Paswan and he is in jail custody, however as far as the petitioners are concerned, there is no allegation of any sort of over act against them. It is further submitted that as far as petitioner no. 2 is concerned, he is having a clean antecedent and as far as petitioner no. 1 is concerned, though he is an accused in one other case but he is on bail in the said case. It is further submitted that the petitioners would definitely join investigation, if they are granted the privilege of anticipatory bail.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, 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, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh in connection with Athmalgola PS case no. 171 of 2019 subject to

Patna High Court CR. MISC. No.82386 of 2019(2) dt.12-12-2019 3/3 the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T