Krishna Mistri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84678 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- HULASGANJ District- Jehanabad ====================================================== 1.
Krishna Mistri S/o Binod Mistry R/o village- Katouli Math, P.S.- Hulasganj, District- Jehanabad 2.
Nakul Kumar @ Nakul Mistry S/o Binod Mistry R/o village- Katouli Math, P.S.- Hulasganj, District- Jehanabad 3.
Suruchi Kumari D/o Binod Mistry R/o village- Katouli Math, P.S.- Hulasganj, District- Jehanabad 4.
Usha Devi W/o Krishna Mistry R/o village- Katouli Math, P.S.- Hulasganj, District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar Singh For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have filed the instant application for anticipatory bail apprehending their arrest in a case registered for the offence under sections 147, 149, 341, 323, 307, 504, 506, 379 and 354 of the Indian Penal Code.
As per the allegation in the FIR, the accused persons including the petitioners herein are said to have assaulted the informant with iron rod and lathi. It is further stated that coaccused Ajay Kumar fired on the informant but the shot did not
Patna High Court CR. MISC. No.84678 of 2019(2) dt.19-12-2019 2/3 hit.
It is submitted by learned counsel for the petitioners that although the petitioners are named in the FIR, however, the allegations are general and omnibus in nature. Further the petitioners have no criminal antecedent and the case of the petitioners stands on a better footing to that of co-accused Ajay Kumar who along with one another co-accused has been enlarged on bail by order dated 2.9.2019 (Annexure 2) passed in Cr. Misc. no. 54810 of 2019.
The application for bail has been opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the grant of bail to the co-accused and the petitioners having no criminal antecedent, the Court is inclined to enlarge the petitioners on bail. The petitioners, above named, in the event of their arrest or surrender in the court below within a period of six weeks from today in connection with Hulasganj P.S. Case no. 62 of 2019 are directed to be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate,
Patna High Court CR. MISC. No.84678 of 2019(2) dt.19-12-2019 3/3 Jehanabad subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.
(Partha Sarthy, J) Prakash/- U