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Patna High CourtCR. MISC./1399/2020bail granted

Aminder Patel v. The State Of Bihar

2020-02-27Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1399 of 2020 Arising Out of PS. Case No.-154 Year-2019 Thana- THAWE District- Gopalganj ======================================================

1. Aminder Patel son of Late Raushah Patel

2. Nagendra patel son of Late Raushah Patel

3. Deepak Kumar @ Deepak Patel son of Nagendra Patel ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubh Narain Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-02-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Thawe P.S. Case No. 154 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 34,504 and 506 of the Indian Penal Code.

However, at the very outset, learned counsel appearing for the petitioners points out that petitioner no. 1 namely, Aminder Patel died during pendency of this petition and therefore, his prayer for anticipatory bail has become infructuous.

In view of the aforesaid submission, prayer for anticipatory bail of petitioner no. 1 stands dismissed being

Patna High Court CR. MISC. No.1399 of 2020(2) dt.27-02-2020 2/2 infructuous.

Learned counsel for the petitioner further submits that so far as petitioner nos. 2 and 3 is concerned, no specific overt act has been attributed against them. He further submits that moreover, petitioner nos. 1 and 2 had also lodged Thawe P.S.Case No. 155 of 2019 against the prosecution party for the occurrence of the same day which had been taken place on account of construction of house.

Considering the aforesaid facts and circumstances as well as submissions of the parties, Let above named petitioner nos. 2, Nagendra Patel, petitioner no. 3 Deepak Kumar & Deepak Patel, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Thawe P.S.Case No. 154 of 2019 subject to condition as laid down under Section 438(2) of the Cr.P.C. N.K/- (Hemant Kumar Srivastava, J) U T