Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5188 of 2020 Arising Out of PS. Case No.-460 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== 1.

Aman Kumar Son of Ram Bilash Mahto 2.

Badal Kumar @ Badal Kumasr Son of Anil Kumar 3.

Ranjan Kumar @ Ranjan Kkumasr Son of Arjun Mahto 4.

Niranjan Kumar @ Niranjan @ Baua Son of Arjun Mahto 5.

Tinku Kumar Son of Suraj Mahato All are resident of Village - Rajwara, P.S.- Barauni (OP - Garhara), Distt - Begusarai.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Barauni (OP-Garhara) P.S. Case No. 460 of 2019 registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and 27 of the Arms Act. The allegation against the petitioners is that they along with others made indiscriminate firing but according to prosecution case itself, the firing of Rahul Kumar hit on the right thumb of the informant. The photostat copy of injury report of injured goes to show that except one injury, that is too,

Patna High Court CR. MISC. No.5188 of 2020(2) dt.03-03-2020 2/2 on his right thumb, no other injury was found on the person of the injured. Moreover, it is informed that prior to alleged occurrence, the informant and his associates mercilessly assaulted Devendra Mahto, who happens to be family member of the petitioners for which aforesaid Devendra Mahto lodged Barauni Garhara P.S. Case No. 461 of 2019 against the informant and others and in retaliation to the aforesaid case, the informant lodged the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six 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 learned Chief Judicial Magistrate, Begusarai in Barauni (OPGarhara) P.S. Case No. 460 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) shahzad/- U T