Sanjay Kunwar @ Sanjay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5242 of 2015 Arising Out of PS.Case No. -429 Year- 2013 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Sanjay Kunwar @ Sanjay Kumar Son of Raj Bali kunwar

2. Raj Bali Kunwar Son of Late Shambhal Kunwar, Both Resident of Village - Basudeopur, P.S- Muffasil, District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Bharat Lal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-05-2015 Heard learned counsel for the petitioners, informant and learned APP.

The petitioners seek their bail in a case registered under Section 307 and other sections of the IPC.

The informant alleged that while was talking with Ram Bilas Kunwar, Ranjit Kunwar and Raj Bali Kuwar (Petitioner no.2) came and assaulted him thrice with Pagharia (sickle). It is further alleged that Raj Bali Kuwar, Sanjay Kunwar (Petitioner no.1) and Ramand Kunwar having armed with lathies, came there and brutally assaulted him causing fracture injuries on his legs and hands.

Learned counsel for the petitioners submits that the informant made omnibus and general allegation of assault against the petitioners and other accused persons, namely, Bitu Kunwar and Rituraj Kunwar, whereas the informant made specific allegation against Ranjit Kunwar that he assaulted him. The injury reports show that the informant got one cut injury on scalp

Patna High Court Cr.Misc. No.5242 of 2015 (5) dt.06-05-2015 2/2 and four fracture injuries on hands and injury no.(iii) is cut injury. The injuries have been opined to be grievous in nature. Learned counsel for the informant and learned APP, however, opposed the prayer for bail and submitted that Ram Bilas Kuwar, in para-9 of the case diary, disclosed that Ranjit Kuwar, Sanjay Kunwar, Ram Bali Kunwar and Raman assaulted Rajiv Kunwar with lathies.

It appears that the informant did not make any specific allegation of assault against these two petitioners whereas Ram Bilas Kunwar made allegation against the petitioners that they assaulted the informant. It further appears that there is specific allegation that Ranjit Kunwar repeatedly assaulted the informant causing grievous injuries.

Considering the facts aforesaid, both the petitioners, named above, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Begusarai Mufassil P.S.Case No.429 of 2013.

(Prabhat Kumar Jha, J) ahk/- U T