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Patna High CourtCR. MISC./53534/2018bail granted

Sunil Bhagat @ Sunil Kumar Chaurasia And ANR v. The State Of Bihar

2018-10-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53534 of 2018 Arising Out of PS. Case No.-201 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ======================================================

1. Sunil Bhagat @ Sunil Kumar Chaurasia, S/o Late Baidyanath Bhagat @ Baijnath Chaurasia,

2. Anoj Bhagat @ Anoj Kumar S/o Kamal Bhagat, Both (1 & 2) R/o Vill.- Rampur Khareya, P.S.- Kuchaikote, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Sanjay Kumar Pandey No-5, Advocate For the State :

Mr. Madhuranand Jha, APP For the Informant :

Mr. Pankaj Kumar Dubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioner assaulted the informant by sword, due to which he sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties. The

Patna High Court Cr.Misc. No.53534 of 2018(3) dt.05-10-2018 2/2 nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VII, Gopalganj in connection with Kuchaikot P.S. case No.201 of 2018 (G.R. No.2864 of 2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T