High Court of Patna granted regular bail to three petitioners accused under various Indian Penal Code sections, noting a clean antecedent and nature of the case as case and counter case. Petitioners to furnish bonds before A.C.J.M.-1st Naugachia.
Released on regular bail upon furnishing bonds of Rs. 10,000 each with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74492 of 2019
Arising Out of PS. Case No.-470 Year-2018 Thana- BIHPUR District- Bhagalpur
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sharda Nand Mishra For the Opposite Party/s : Mr.Manoj Kumar
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 13-01-2020
Heard the learned counsel for the petitioners and the learned APP for the State.
The petitioners seek regular bail in connection with Bihpur P.S. Case No. 470 of 2018, registered for the offence punishable under Sections 147, 148, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.
The allegation is regarding scuffle having taken place in between the petitioners and the informant and his family members whereafter the petitioner nos. 1 and 2 are stated to have assaulted the informant with iron, khanti resulting in injury on his head.
Patna High Court CR. MISC. No.74492 of 2019(2) dt.13-01-2020 2/2
The learned counsel for the petitioners has submitted that the petitioners are innocent, the injuries suffered by the informant is not very serious and the present case arises out of case and counter case. It is further submitted that the petitioners are having a clean antecedent and as far as the petitioner no. 1 is concerned, he is languishing in custody since 23.7.2019 and as far as the petitioner nos. 2 and 3 are concerned, they are stated to be languishing in custody since 5.7.2019.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners, coupled with the fact that the petitioners are having a clean antecedent and the present case arises out of case and counter case, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/(rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st Naugachia in connection with Bihpur P.S.Case No. 470 of 2018.
(Mohit Kumar Shah, J)
ajay gupta/- U T
1 issue framed by the court
Whether to grant regular bail to petitioners accused of assault and injury in Bihar PS Case No. 470 of 2018?
DILIP PODDAR
BINOD PODDAR
DIPAK PODDAR
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
