Pawan And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.9704 of 2016 (3) dt.21-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9704 of 2016 Arising Out of PS.Case No. -433 Year- 2015 Thana -DANAPUR District- PATNA ======================================================
1. Pawan, S/o Ramashish SIngh.
2. Sunil Mahto @ Sunil Singh, S/o Late Rampukar Singh.
3. Kishore Singh, S/o Late Rampukar Singh. All Resident of VillageLakhni Bigha, P.S. Danapur, District Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prem Ranjan Kumar, Advocate. For the Opposite Party/s : Mr. Aditya Nr. Singh-1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-04-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Danapur P.S. Case No. 433 of 20015 registered under Sections 341, 325 and 307/34 of the Indian Penal Code.
The prosecution case is that on 07.08.2015, at about 9 P.M., the informant, Manish Kumar, along with his Bhagina, Prince Kumar, Chunchun and Deepak reached at the grocery shop of Manoj Kumar and Kunal, both were present at the shop, where Prince got down from vehicle and altercation took place due to purchase of grocery articles. At that time, co-accused Kunal and petitioner no. 1 caused injury to Prince. When the informant got down from the vehicle to pacify the matter then petitioner no. 2 and his two brothers Birendra Singh and Kishore Singh came there and caused injury to
Patna High Court Cr.Misc. No.9704 of 2016 (3) dt.21-04-2016 Chunchun and Deepal.
Learned counsel for the petitioner submits that, in fact, informant and others came at the shop of the petitioner no. 1 in the night on 07.08.2015 at about 8.45 P.M. and started to abuse and throw the grocery articles from the shop. At that time, hot talk was started, in which, informant and others caused injury to petitioner no. 1, regarding which, Danapur P.S. Case No. 430 of 2015 was instituted on the basis of the written report of co-accused Manoj Kumar Singh on 07.08.2015 but only save the skin, informant has lodged the present case on 08.08.2015. It is further submitted that petitioners have no criminal antecedent.
Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, in connection with Danapur P.S. Case No. 433 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T