Patna High Court - Orders
Bablu Kumar & Anr vs The State Of Bihar on 30 April, 2018
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22421 of 2018
Arising Out of PS.Case No. -47 Year- 2018 Thana -GAURICHAK District- PATNA
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1. Bablu Kumar.
2. Jalendra Kumar, Both S/o Bishwa Mohan Singh, resident of Village-
Gawaspur, P.S.- Gaurichak, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
2 30-04-2018Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Gaurichak P.S.Case No. 47 of 2018 registered under Sections 325, 323, 504, 506, 341 and 379/34 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioners that both the petitioners are close friends of the informant and on the date of occurrence an altercation took place on a very trivial issue but the informant instituted the criminal case by exaggerating the incident. He submitted that save and except Section 379 of the Indian Penal Code, all other Sections are bailable in nature and the allegation of theft has been made just in order to make the offence non-bailable.
Patna High Court Cr.M isc. No.22421 of 2018 (2) dt.30-04-20182/2
Learned counsel for the State opposed the application for grant of pre-arrest bail.
Considering the submissions made above as also the statement made in para 3 of the petition that the petitioners have no criminal antecedent, in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VII, Patna City in connection with Gaurichak P.S.Case No. 47 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Pradeep/-
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